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taken to court?

Date: Thu, 10/16/2008 - 14:51

Submitted by anonymous
on Thu, 10/16/2008 - 14:51

Posts: 202330 Credits: [Donate]

Total Replies: 5


my $7,000 balance is now with a collection agency. they offered a settlement but are demanding payment in three days. i offered to pay $1,000 or more a month. they want the full amount at once. would it make sense for them to take me to court and try to garnish my wages when all they can take is 25% which is less than i am offering to pay anyway? if i take the settlement can i negotiate to pay it off in three months?


no it's been two weeks since the oc transferred the account to the ca. I have spoken with them twice in one week. First they said they wanted the full balance by friday. Today they said I can take a settlement and pay on Monday. I want to settle but can't come up with the money in four days. But I also don't see where this can go if I am offering to make large payments. A court can't get more money out of me than what I am already offering (almost 50% of my paycheck) can they? What do you think the CA will do next?


lrhall41

Submitted by on Thu, 10/16/2008 - 17:08

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I would suggest you just pay what you can and if they decide to sue you the judge will likely rule in your favor because you are trying to pay the debt off. It's likely these guys are just trying to scare you and push you to pay faster. Just do what you can...don't put yourself if a worse situation. I doubt the judge would allow them to garnish you wages if you're paying what you can. If you do pay them send a Money Order certified mail. Good luck.


lrhall41

Submitted by on Thu, 10/16/2008 - 20:31

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Quote:

no it's been two weeks since the oc transferred the account to the ca. I have spoken with them twice in one week. First they said they wanted the full balance by friday. Today they said I can take a settlement and pay on Monday. I want to settle but can't come up with the money in four days. But I also don't see where this can go if I am offering to make large payments. A court can't get more money out of me than what I am already offering (almost 50% of my paycheck) can they? What do you think the CA will do next?


If it's only been two weeks since the debt was transferred to a CA, then you must have received a dunning letter? FYI, a dunning letter will state the amount of the debt, the name of the original creditor, and will give you 30 days to dispute the debt in writing. In your own best interest, you should send them a debt validation letter, make sure you do so within the 30 day window and send it certified return receipt requested, keep a copy of the letter and keep proof they received it. I wouldn't make any payment arrangements with them via telephone or until you receive proper validation. They can NOT garnish your wages without a court order, and especially since you do not have a judgment against you yet.


lrhall41

Submitted by Shazzers on Fri, 10/17/2008 - 04:59

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