Highest Rated Comments


chuckle_knuckle7 karma

Does the bank actually have to appear? I was under the impression that they could just have a mediator represent them if the debtor bothered to even show up in court.

chuckle_knuckle6 karma

That's interesting. I thought that was the job of a mediator too but when I settled in court (in Mass.) with Capital One it sure seemed like the mediator was not impartial. I mean, it was just me and him in a room so I'm not sure what he was mediating, exactly. I was also under the impression that the plaintiff needed to appear in court so I figured I might be able to win just by showing up (the other ten people on the docket didn't bother). Is it the kind of thing where I would've had to ask the judge directly to have the plaintiff appear in court and if I don't say anything I waive that right?

chuckle_knuckle3 karma

Aside from Capital One, are any banks dumb enough to pay an attorney to try and get say, less than $1k? It seems like if your debt is small enough it would cost them more money trying to collect it in court than to write it off. Especially if it's a debt collector that bought your $700 debt for $100 or whatever. Also, when does the 7 years statute begin? From the last charge on the card? When the account was closed by the bank?

chuckle_knuckle2 karma

But once they sell your debt to a third party they can't really do that, can they?