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Payment arrangements - can I get a better deal in court?

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PostPosted: Sat Jun 14, 2008 10:41 am Subject: Payment arrangements - can I get a better deal in court?

I received a summons regarding an credit card account. I know its mine but the collection agency is the one suing. I tried to work something out with them, but what they wanted as a down payment, I don't have that amount. Can I get a better deal in court? Or should I just settle with them before that?

I was told if I pay them, they would still have a judgement against me, except it wont be enforced because it's not what they wanted. Any suggestions?

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PostPosted: Sat Jun 14, 2008 10:43 am Subject:

I would work out a deal with the lawyer before court if that is feasible to avoid a judgment.
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Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Sat Jun 14, 2008 10:46 am Subject:

So I can still work out somethin with them even after I answered my summons? They will accept my money, it's not what they wanted, how can I be sure that a judgement won't be enforced?

Thank you cajun

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PostPosted: Sat Jun 14, 2008 10:51 am Subject:

If they insist on going to court,show up with a monthly break down of income vs expenses. Even with a judgment they will only get a percent of what you make. If you are able to communicate with their lawyer,insist on a motion to dismiss in exchange for payment arrangements.
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Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Sat Jun 14, 2008 11:11 am Subject:

So far the person I have been speaking with is a collector. How can I show proof of my income if I dont get paid by an employer, I am an independant contractor.
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PostPosted: Sat Jun 14, 2008 11:16 am Subject:

Wait a minute, did you call the court to make sure this is a legal summons? Usually collectors for the company who is suing you will not talk to you and you can only talk to their lawyer.
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PostPosted: Sat Jun 14, 2008 12:06 pm Subject:

yes the summons is legal
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PostPosted: Sat Jun 14, 2008 12:49 pm Subject:

I assume you pay some sort of taxes so you should have a way to prove your income.
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Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Sat Jun 14, 2008 12:53 pm Subject:

Didn't get to file taxes yet, I just got this job at the beginning of the year
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PostPosted: Sat Jun 14, 2008 2:05 pm Subject:

Invoices,check stubs,etc. You have to have some way of showing your income.
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Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Sat Jun 14, 2008 4:36 pm Subject:

Yes, I have invoices that I send out.
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PostPosted: Sun Jun 15, 2008 7:17 pm Subject: debt

Even if you work something out with the 'other side', and you STILL have to go to court, by all means you need to show up. Do you have a good lawyer that is helping you out? Are you handling this on your own?
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PostPosted: Sun Jun 15, 2008 7:32 pm Subject:

No, I don't have a lawyer. I am hoping if I pay them monthly, I won't have to go. If they told me a judgement wont be enforced, does that mean I won't have to go?
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PostPosted: Mon Jun 16, 2008 7:33 am Subject:

Are they able to dismiss a case once they started it?
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PostPosted: Mon Jun 16, 2008 10:31 am Subject:

Can someone tell me what my next step should be? I made an agreement with the law firm handling this case. I was told I would receive my agreement in a few days and I can mail in my payment with the agreement. I have to answer my summons and I won't have the agreement with me yet. Is there anything to alert the court that I have made an agreement even though I do not have the papers yet? They told me a judgement won't be enforced. Please help
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