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cajunbulldog · 07-10-2007, 03:31 PM

Well you can still answer and push for trial and require proof of debt.The arrangement made for payment is just something that doesn't look good in a judge's eyes.

kscornell · 07-10-2007, 03:39 PM

Now since Rick has made payment arrangements, wouldn't a judge question why this is still going to court? Something here just doesn't add up for me.

cajunbulldog · 07-10-2007, 03:45 PM

Paying on a debt once collections start is not the end of the world.There are too many high pressured collectors duping people. Poster just has to realize court can be a gamble.Either you win or lose. I am at a loss about the adding up comment.Anyone experienced in dealing with courts or lawyers know there can be serious untruths in legal documents.It would stand as truth to the legal system unless and until it is challenged. I am simply offering poster all available options including going before a judge. Granted if you lose you will get a judgement but this collector is well known for playing dirty and getting judgements whether you are paying or not.

kscornell · 07-10-2007, 03:50 PM

My point was since he had already made payment arrangements, to me, the debt had been settled out of court. If it was me, all I would have asked for at that point is written confirmation of that. If payment arrangements had been made, wouldn't it be like Rick agreeing to the debt's validity? Just my two cents.....

cajunbulldog · 07-10-2007, 04:04 PM

You do have a very good point kscornell.The problem is this particular collector has a nasty habit of getting a judgement even when you are paying.If he can secure a written contract from them agreeing to payment terms then he can rest his bones and not sweat getting screwed.Review what happened to Ang.The situation is almost 100% the same and they slammed her with a judgement that myself and a very good attorney are in the process of trying to vacate.

Ang · 07-10-2007, 04:19 PM

All very good questions here also! I also think he should have had at least 20 days to answer this summons, what i had! This part confuses me a bit but if you read it as a court date make sure u GO!!
Can't hurt.
Also file ur answers with the clerk of court and send them a copy of it also (atty). Since you did agree to payment agreement it does hurt a little but i'm thinking, if you go before a judge and he is willing to listen u can ALWAYS say u were paniced (duress) and made these arrangements before u knew ur legal rights... may work, may not...
As Cajun said this is a gamble but ur gonna have to pay it back anyway! EIther under ur arrangments or what the judge decides! Also i know in my state there is a cap on atty fees and interest that they are legally allowed to charge!
But again, as Cajun stated stop calling them! ONLY speak to them thru USPS so u have proof of everything! And with CACH make sure of this cuz they denied EVERYTHING i ever sent them except coincidentally they DID recieve two separate letters with payment arrangments! AMAZING, huh?
Good Luck with this and try to contact a consumer lawyer in ur area! Ya never know one might be available to help even with short notice!
Ang
P.S. Also remember if you accept payment arrangements with them then u wont' have a judgment on ur credit report.... this is totally ur decision just make sure ur there in court on Thursday!

07-11-2007, 03:56 PM

I'm back, everybody, and with UPDATES.

All of the feedback has been INCREDIBLY helpful; I am indebted to you all.

I got home from work about ten minutes ago and what do you know, the papers from the law firm were in my mailbox! (Only 2 days - possibly because they were also mailed from Chicago?)

Instead of a 'Complaint,' as in the summons, it's titled 'Stipulation and Order,' complete with the terms - IN WRITING - of our payment agreement. Not knowing any better, I would say it looks legit, though I still plan on showing up to court tomorrow.

I'm reading through it now and the only part I don't quite understand is the wording of the final stipulation, which says:

4. By signing this Stipulation the parties named herein hereby acknowledge entering their general appearance...

General appearance?

Overall, though, I feel better having this in writing, especially as it pertains to them not being able to tack on extra fees.

rick

cajunbulldog · 07-11-2007, 04:00 PM

This is referred to as a stip payment with the backing of the court.Read it very carefully.It should state something to the effect that parties are in an agreement and as long as contract terms are upheld no judgement will be entered.If you break contract,they normally would get judgement automatically.Read over everything and post back.

07-11-2007, 04:33 PM

Heading out, will have to post later tonight...

rick

Ang · 07-12-2007, 04:50 AM

Good Luck today Rick!
Please let us know how it goes..
Will be looking forward to what happens with wonderful CACH!

Much luck to ya,
Ang

jj · 07-12-2007, 04:17 PM

I would be very careful signing a settlement agreement (what they have sent is just that) without the advice of counsel.

polly · 07-12-2007, 04:31 PM

jj- is that really you???

07-12-2007, 07:38 PM

Well, I showed up at the courthouse today but there was no hearing. The people working there looked at my papers and told me today was not a court date, but that I could file an appearance to dispute the suit if I wanted.

Since I had already received copies, in writing, of our payment agreement, I decided not to file an appearance as I'm fine with the terms of the agreement. I just plan to sign the forms and return them. Not to mention the appearance would have cost $140, which I don't have.

jj, doesn't the written agreement constitute a binding contract? I don't understand how they could get past that, but of course I'm not an attorney. Nor do I have an attorney, and frankly I'm not big on the idea of getting one at this point considering the cost and the fact I have no idea how to go about it.

Do law firms generally offer free consults for this sort of thing?

rick

Ang · 07-12-2007, 07:45 PM

Yes Rick the attorney's over at naca.org offer first time free consultations!
Might be worth looking into before signing anything!
Good Luck,
Ang
P.S. Didn't your papers tell u that u had to appear in court today?? (confused here)

07-12-2007, 08:12 PM

Ang, I forgot you had sent me that link for naca - I'll check it out.

My original summons said I had to be there, but I received the stipulation from the law firm yesterday which had the terms of the payment agreement. I was thinking that replaced the summons as far as the court was concerned?

rick

kscornell · 07-12-2007, 08:14 PM

Rick,
Based on what others have shared re their experiences with this creditor, I would definately try and be there if you could. Don't trust them for a second!