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jamese333

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Everything posted by jamese333

  1. I agree with the advice you've been given here so far and think that if you do have the money for the judgment debt then try to get it paid directly to the Creditor and get a receipt from them. Is it a business or private individual that you owe? If it is a business you might try dealing directly with the accounts department - they very rarely turn down the chance to take a payment, especially if it is past due - often the people in these departments are targeted on collections so will take the money and ask few questions, but really important to get a receipt! Even if it is an individual see if they will take the payment from you. Beyond that work out what you agree with regarding the HCEO fees - pay that and then write to them to confirm that the judgment debt has been settled in full, along with the fees that you believe they are due accourding to the fee schedule and that the balance remains in dispute. Much as I despise the heavy handed approach of the HCEOs and creative accounting abilities when it comes to fees that Enron would have been proud of, you may want to consider trying to settle with them once you have paid the judgment debt and the element of fees that they are legitimately entitled to. If it is causing you grief now then you need to be prepared for the possibility of a protracted battle with them which you should balance against a figure today that will restore your peace of mind. I speak from the experience of a 3 year battle with HCE but then I am a stubborn git at the best of times with an unhealthy interest in the intricacies of law... Good luck!
  2. I don't think I am able to send you a PM as although I have used the site for assistance through reading threads, I haven't posted any replies until this evening so don't think I qualify to PM yet? Let me know if that's not the case as a PM would be better so that you can decide, with the benefit of your experience, what would be relevant and what to discard for a new thread rather than a lengthy ramble... I will await your advice!
  3. I would be more than happy to share - just not sure the best way to do that as I don't want to clog up someone else's thread...? I think there are some useful bits in my experience which include a detailed assessment that subsequently raised some interesting questions that the district judge took away following the hearing, discussed with his colleagues and very unusually recalled his order and cited a case for both sides to research before going in front of him again... Anyway let me know how best I can share this please.
  4. I would say make sure that you have all of your paperwork with you and spend some time over the next couple of days getting it organised into a folder. Put together a chronology of events in the case to date - make it simple and fairly brief as it will help you to quickly find dates and identify the key important elements of your case. Prepare a summary of what your case is based on the advice you have been given so far - the judge will appreciate you being organised and prepared because you make his life a lot easier. Every day between now and the hearing just take some time to read through the file so that you are familiar with everything and you will start to feel a little better about it. Remember that the main job of the courts in civil cases like this is to first of all determine who owes what to whom. In your case you accept the original debt is due and are not arguing about that (I don't think but I haven't read any of the threads in between the first and last pages here). Once that is established the court's role is to effectively aid the process of how this will be repaid. I would advise completing an income and expenditure form that you can give to the judge on the day so that it can be determined how much you can reasonably afford each month to pay towards the debt. However tight things are I would advise trying to ensure that you do have a minimum monthly payment that you can make, even if that is little more than a relatively nominal figure. The court are not going to judge you and you have done nothing wrong - remember that! If you are representing yourself then you will find that the judge will provide you with some assistance. I would also advise getting to court a little early - when you arrive at the court there are people there that will help point you in the right direction for the hearing (sometimes just security but they will help). You will need to let the Court Usher know that you have arrived so that they can mark it on their list (they let the judge know who is in attendance for each side when he is ready to call you in). Ask the usher if there is anyone who has arrived for the other side yet - if they have the usher will tell you their name and if they are a solicitor / the litigant etc and will point them out to you. I always think it is worth trying to have a brief chat with them prior to the hearing to find out what their position is and what they are hoping to achieve from the hearing. Break the ice by asking them what will happen at the hearing - if they are a solicitor or counsel and you are acting for yourself, they have a professional obligation to explain a little about the process to you. Speaking to the other side remember if it is a solicitor or counsel, these are professional people that have no emotional attachment to the case. They will quickly realise your situation, particularly if you are vulnerable, as will the court. It's never a nice feeling having to attend court (I guess it's something pre-programmed in us all that reminds us of that feeling of being in trouble at school and getting sent to see the head!) but remember, you have done nothing wrong! Think of the judge as someone who can help you to unravel the mess that you have found yourself in - they can't and won't make the debt go away so for your part work out what you can really afford to pay and stick to it! As long as you do then there is nothing the bailiffs can do. There is plenty of excellent advice from people on the site which you will most likely need following the hearing. I suspect there may be an issue over the level of fees the bailiffs will be looking for but will defer to those more experienced heads on here that continually provide excellent advice. A couple of final points: stay calm no matter what the other side says to you or claim in the court. Be respectful to the judge and address them as "sir / madam". Always wait for the judge to finish speaking, however tempted you may be to cut in. Don't in interrupt anyone - you will get your chance to speak or refute claims you don't agree with even if they are blatant lies. The more preparation that you do the more comfortable you will feel. Hope that helps and good luck!
  5. Congratulations! I know wher you are coming from having today been back in court over a fight with High Court Enforcement that has been going on since 2009! Happily I too got the right result and some interesting experience - in spite of the headaches it caused me over this time!
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