Case Management Statement and what does it mean?

Previous | Next
 rated by 0 users
Latest post 03-14-2006 1:06 PM by sapi1sue. 6 replies.
  • 03-12-2006 4:03 PM

    • sapi1sue
      Consumer
    • Not Ranked
    • Joined on 05-11-2002
    • CA
    • Posts 12

    Question [=?] Case Management Statement and what does it mean?

    I also posted this on another board, but think it might be more appropriate on this board.

    On 11/21/01 I was involved in a motor vehicle accident and my 2001 Chrysler Sebring was totaled. I was informed by my insurance company that my vehicle policy had expired 1 week prior, so they refused to cover repairs/replacement (that's another story).

    At the time, I was a recently divorced parent with no assests, or money in the bank, to cover this huge loss. On 1/14/02 I sent a certified letter to the vehicle lien holder informing them of the loss, that I would no longer be making the monthly payment (last payment made in 11/01), and was relinquiching the vehicle to them (informed them where to pick-up the vehicle). I knew they would probably sue me for the loan balance (20,000), but at the time I had no other options.

    The lien holder chose not to pick-up the vehicle and it was left at a local repair shop. That shop was closed down 2 yrs later, and the Sebring (along with numerous other vehicles) were towed by the local police to a scrap yard in another town. I was contacted by the scrap dealer (and DMV) in 2003 informing me the vehicle was being sold for scrap (less than 200 dollars).

    I remarried (legally changed last name) in 2003 and moved 30 miles away, never hearing another word about the Sebring from the lien holder or any collection agency. I have been employed with the same employer for the past 10 yrs (state government agency), and figured the lien holder, or a collection agency, would contact me through my employer, but no one ever did.

    While trying to purchase a home in 2005, I learned the $20,000 owed to the lien holder was showing on my credit report as a charge off, so my husband purchased our home in his name only. I have rebuilt my credit (other than the charge off), but I still have no actual assests/property. I have two new car loans in my name, 2 visa cards, and 3 store credit cards.

    Yesterday, I rec'd in the mail (addressed to my former last name) a copy of a Case Management Statement showing an attorney/collection agency filed a complaint (I am listed as defendent, but under my prior married name) with my local Civil Court stating... "I entered into a an agreement with them in 11/00, defaulted on the terms of the agreement in 11/01, that they (the debt collector) repossessed the collateral, I was given notice of the sale, the collateral was sold in a commercially reasonable manner. However, the proceeds were not enough to satisfy the outstanding balance (none of which is true). Therefore, Plaintiff (the debt collector) has been damaged in the sum of $20,000 from 11/16/01, attorney fees and cost.

    What does this mean??? Is the debt collector now trying to sue me for something that was charged off by the original lien holder? I'm pretty sure the SOL has expired! To date, I have not been served with any summons, but I checked my local courts online service, and it does show a Case Management Conference scheduled (under my prior last name) for 4/3/06?

    Do I need to contact this attorney/debt collector agency right now, or wait until I receive a summons? When, or if, I need to respond, do I use my new last name, even though all of their paperwork shows my old last name? Should I seek an attorney now, or wait until I receive an actual summons? Is the Case Management Statement copy I rec'd in the mail just a scare tactic used by some collection agencies, or is it the real thing?

    Any info you can offer would be helpful... Thanks!



  • 03-12-2006 10:05 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,202

    Feedback [*=*] re: Case Management Statement and what does it mean?

    It means you have been sued. A case managment conference is many counties when the case is filed. You should be served with a copy of the summons, lawsuit, notice of case management conference with instructions. If you think the statute of limitations has passed, you must raise that in your answer as a defense or it is waived.

    consult with a local attorney on how best to proceed at this point.
  • 03-12-2006 10:06 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,202

    More [=+=] Correction

    I meant to say that a case managment conference is set when the suit is filed in many cases.

    And yes,you can be sued on a charged off debt. charge off is just a tax, accounting proceduree and has nothing to do with whether you still owe the debt or not.
  • 03-12-2006 11:15 PM In reply to

    • sapi1sue
      Consumer
    • Not Ranked
    • Joined on 05-11-2002
    • CA
    • Posts 12

    More [=+=] re: Correction

    DOCAR, Thanks for the info. I have another question.

    On the Case Management Statement - Item #20 (meet and confer) is not checked, but written in is: "N/A - The defendant has not made an apperance. Plaintiff still attempting to serve complaint." It does not appear as though I'm supposed to be at the Case Management Conference scheduled for 4/3/06, but I'll assume I will be served with a summons showing court date to appear, and/or a date by which to respond to the complaint? I am a very easy person locate/reach at both work/home (and have not tried to evade this situation), so not sure why plaintiff has not served me yet?

    SOL will be my defense. Should be accepted, but if not... I have no money or assests to pay off $20,000 (other than my bi-weekly earnings). I have worked hard to repair my credit since my divorce/accident, and would hate to file bankruptcy. But, if things get hot and heavy... can I file bankruptcy anytime during the court process?

  • 03-12-2006 11:53 PM In reply to

    • sapi1sue
      Consumer
    • Not Ranked
    • Joined on 05-11-2002
    • CA
    • Posts 12

    More [=+=] re: Correction

    Regarding bankruptcy (I would prefer not to file if at all possible). I have been able to pay all other debts/payments for the past four years, and I am currently not behind or struggling. I am far from rich though, have no assests or extra money in the bank, and if hit with a $20,000 judgement... I would be unable to pay and would quickly sink!
  • 03-14-2006 5:28 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,202

    Feedback [*=*] re: Correction

    If she follows through, you will be served with a summons and complaint giving you a timelimit in which to respond.

    Bankruptcy would be an option.
  • 03-14-2006 1:06 PM In reply to

    • sapi1sue
      Consumer
    • Not Ranked
    • Joined on 05-11-2002
    • CA
    • Posts 12

    re: Thanks DOCAR

    Can only hope I'll never receive a summons... will wait and see. Thanks!
Page 1 of 1 (7 items) | RSS

My Community

Community Membership New Users: Search Community