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Letter to settle debt

Date: Sat, 02/14/2009 - 12:46

Submitted by anonymous
on Sat, 02/14/2009 - 12:46

Posts: 202330 Credits: [Donate]

Total Replies: 14


What wording would you use to contact a collection attorney offering to settle debt of original amount. I have been served a summons, is it to late to make an offer? Thanks


Thank you for your reply and suggestion. I will be calling the court house first thing Monday morning. I'm at a loss as far as what they mean by the options given in the summons.
1) Appear in court according to summons (I get that)
2) File a written appearance (?)
3) File your answer to the complaint in court (Is this when I file validation request
This paperwork looks so unprofessional, I can't believe it came from an attorney. Blitt and Gaines, Illinois
There's actually an Affidavit from Elite Recovery Services (NY)with a notary public's signature without a seal. Signed 10/17/08 Valid??
I reside in Illinois, this is credit card debt. Acct was opened 12/04, sol in IL is 5 yrs. Original debt was 300.00, I lost my job and my payment was late one month, they immediately raised my debt amt. to 600.00. I contacted them at that time and refused to pay the inflated amount but would pay the owed amt of 300.00. They basically told me to deal with it, I shouldn't have been late. Couldn't afford 300 at that time how could I afford 600, I quit paying but when they contacted me I told them I was will to pay the 300. Now debt is over 1,000.
Uncertain as how to proceed. Thank you so much this site is incredible!!!! :D


lrhall41

Submitted by on Sun, 02/15/2009 - 06:38

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If the summons is real, appear in court and DEMAND that the person that signed the affidavit appear in court! Ask for validation during discovery. More than like they can't provide validation or the person that signed the affidavit and the case will be dismissed.


lrhall41

Submitted by on Sun, 02/15/2009 - 07:19

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I think a real notary has a seal..I would object to it twice fold..1 that it doesn't even seem to be real and 2 that you have the right to question the signer. How would this person have any knowledge of your account? Do they work for the original company? Were they looking over your shoulder when you signed documents?

Answer the summons, but deny anything about he debt, citing that you have no documentation to agree or disagree.

When it gets to the discovery phase, then you file the motion and demand al the documentation.


lrhall41

Submitted by goldenbast on Sun, 02/15/2009 - 22:31

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Just to clarify, I am denying the debt. That I ever had that account. By signer, do you mean the notary or the person sworn in as agent of the affidavit? Thank you again everyone for taking the time to educate me me on these issues. I am much more confident now in facing the courts.


lrhall41

Submitted by on Mon, 02/16/2009 - 05:00

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Object both in my opinion. Object the person who swore to the affidavit and also object to the notary. If it was notarized, it should have a raised notary seal. If it doesn't then it is probably fake. You should check to see if the person is licensed by the notary. If they are fraudulently notarizing papers, they can get fined and lose their rights to do that from now on.


lrhall41

Submitted by pokertramp on Mon, 02/16/2009 - 05:15

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I have checked with the court house and the summons is legitimate.
If when I go to court and they have a representative is there anyway at this point, I could pay only the original debt? 300.00 My proof of original debt is my credit report with the limit on it. They have it up to over 3,000.00 now. How would I ask to do this? I don't want to call the attorney, I'm hoping noone shows up in court. Or is debt denial the best way to go, the cleanest way to go? Thank you


lrhall41

Submitted by on Thu, 02/19/2009 - 05:13

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They hope no one shows up too! Show up and either fight it or negotiate it with them then. SOL in IL would be 10 years on a credit card debt. The Affadavit is hearsay as pointed out above and Elite is a JDB so you might be able to duke it out with them at court with a general denial. Make them prove everything.


lrhall41

Submitted by NASCAR_Devil on Thu, 02/19/2009 - 05:38

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