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Angie · Posted: Fri Jul 14, 2006 8:39 am Subject: Spoke to attorney in citation

After recieving a citation I called the attorney listed on it and tried to make payment arrangements. He said I must pay the majority of the debt in full and NO payment plans were available for me. Doesnt' make sense to me, if I had the full amount wouldn't I I have paid them off??? My ONLY option is to make payments since this has affected my credit and I cannot get a loan. I'm at a loss here, don't know where to turn or what more to do....
Thanks for any help.

Guest · Posted: Fri Jul 14, 2006 9:20 am Subject:

If you absolutely cannot pay in full, then your only option is to go to court and the judge will allow you to make payments, the lawyer should be smart enough to know that. He just wants to scare you into not wasting his time in court. If you can't pay, you can't pay..simple as that. The judge will allow payments.

Posted: Fri Jul 14, 2006 9:32 am Subject:

Are you sure that the citation is legitimate? There are a lot of companies out there that are using less than legal practices. Did a processor serve you with the papers?

Angie · Posted: Fri Jul 14, 2006 9:52 am Subject:

Yes, I am sure it is legit, i was served from city marshall. He, (the attorney) also told me that if i wait to go to court the amount could go up $5,000! Is this true?? I mean to me it's already doubled from what i have that i owe! What are my options here? I feel i have NONE!
Again, thank you for your help!

Posted: Fri Jul 14, 2006 9:59 am Subject:

Be sure you are documenting all your contact and conversations with the collection attorney. Write down what he is telling you to protect yourself. You could talk to an attorney for advice. Most will do a consult for a minimal fee. At least you would know what to expect.

Guest · Posted: Fri Jul 14, 2006 10:33 am Subject:

Depending on what state you live in, you should start recording all calls with these guys to use in court, check with your state attorney general to see if you have to inform them that you are recording them. If not, do not tell them.You can also check with the attorney general's office to find out what types of fees and how much they can add to your balance if it goes to court.

Guest · Posted: Fri Jul 14, 2006 11:14 am Subject:

Make payments to them starting NOW! If they reject the payment, keep the rejection notice, all mail sent to and from and a record of phone conversations including date, time and name of who you spoke to. If they accept your payments then continue making them and you are good. If they reject it and it goes to court, 90% of judges will through it out of court and you won't even have to pay the balance. Judges get upset when a person tries to pay and the company rejects it. GOOD LUCK!

Posted: Fri Jul 14, 2006 12:43 pm Subject:

Remember you received a legal document. Even if your settlement company is a good one. The citation has been issued and doing nothing doesn't seem to me to be a wise choice. How long before the court date?

Angie · Posted: Fri Jul 14, 2006 1:26 pm Subject:

Weirdest thing to me is there is NO court date on it. And if I start to make payments how much would be a good amount per month so send to them?? I just wish they would accept some kind of settlement on this so i can start paying on it again. I was thinking of sending them a letter with total amount i agree to pay and a payment plan! Is this a good idea? I was thinking at least if it gets to court I could prove that i've tried with them. Good idea or not?

Guest · Posted: Fri Jul 14, 2006 2:02 pm Subject:

Good idea, it will show a good faith effort on your part. Make sure you send it certified mail return receipt requested...send a good faith payment along with the letter, I would try to send at least $50...I don't know how much you owe.

Posted: Mon Jul 17, 2006 10:43 am Subject:

What court issued the ciation? Was it a city or county? Usually a court order would say you have so many days until a given court date and some steps to take.

Angie · Posted: Mon Jul 17, 2006 1:44 pm Subject:

It was district court that issued the citation. And today as in the past the attorney's office says they HAVE to have payment in full, in the amount of 9,400. I mean if I had that amount i'd pay them, unfortunately i don't and i don't agree that i owe that much, maybe half of it. I'm not sure what to do now.....

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