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being sued

Date: Thu, 03/19/2009 - 09:38

Submitted by anonymous
on Thu, 03/19/2009 - 09:38

Posts: 202330 Credits: [Donate]

Total Replies: 6


If I do get sued what will happen? I am getting ready to do debt settlement on my own and fear this. Will they let us work out a settlement with them or does it have to go all the way to court? How long does the whole suing process take? I am really trying to save as much as I can and dont mind paying higher settlements just to be done with this whole thing. Thanks for any advice.


It's happened to me three times. The first one came with an alternative settlement that was very good, that I took. For the other two, I called the attorneys that were listed on the summons as representing the plaintiffs (in both cases they were "attorneys" but also debt collectors) and told them I wanted to work out a settlement before the court date. I then handed it over to my settlement company to work the best deal and details. You can do this yourself, if you are settling on your own. I still showed up for court, to be sure the cases had been dismissed. I received documents that basically stated the cases had been dismissed but could be re-opened if I neglected to follow the settlement agreement. Once the final payments are made, you will then get a dismissal notice from the attorneys stating the case is settled and done. I prefer to do it this way, to work out terms before the actual court date, because then there is no judgement against me.


lrhall41

Submitted by SusieQ on Thu, 03/19/2009 - 11:02

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SusieQ

I'm being sued by Wells Fargo and their attorneys are asking for 600 a month. I told them I could only afford 200 but they said NO they WF will not accept this amount and that they are sure that in our next status court date the judge will agree with them. Is this true? Can the judge demand I pay an amount I cannot afford? Please help! Thank you!


lrhall41

Submitted by on Mon, 03/23/2009 - 15:03

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Unfortunately, I haven't been in that position, but I would think that if you go to court and bring all your paperwork with you like paystubs, etc., to prove you cannot pay that amount, the judge will order a payment plan that you will be able to handle. How soon is your next court date? I would call those *&^%$ attorneys every day until then, and try to get them to budge. It's what collectors do to us, for heaven's sake. Turn the tables on them. Make it clear you want to pay, but have to be able to afford it. Then, you can tell the judge you repeatedly contacted them and tried to make arrangements but they kept turning you down. The judges, at least in my county, do not look favorably on creditors that won't work with someone that really wants to.


lrhall41

Submitted by SusieQ on Mon, 03/23/2009 - 19:42

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once again i agree with susie. the judges frown apon this when it happens. it happend in my case. i got sued, and they didnt show up thier mistake 1 ( i could have denied but decided to be truthful) mistake 2 they refused to work with the settlement company the judge thought this was a attempt to work it out that they did not choose to use and wasted his time (his exact words)

I know its scary thinking of getting sued i was scared to death when i recieved my summons, but you know the judge was very compationate and understanding. Out of spite he put a lien on my home with no time limit and he said if i never had intentions of moving dont worry about paying it. if i wanted to pay it, pay it, if i couldnt dont worry about it.

I have heard of the judges being fair taking in account your other bills, and setting up what they feel is fair and appropriate. He or she will not make it so that you cant afford it. but i agree with susie also to bugg them to death about it. If they dont agree to something till then, the judge will frown upon it.

DONT BE SCARED BE STRONG


lrhall41

Submitted by love_my_things on Tue, 03/24/2009 - 07:31

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Another question regarding my lawsuit with WF... Do I still have to continnue to pay interest fees on this debt? They are telling me I have to pay interest fees on top of the 600 dollars until the amount is paid off. I'll never finish paying them off at that rate. My next ourt date is in April.


lrhall41

Submitted by on Tue, 03/24/2009 - 14:40

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