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How to settle a debt

Date: Tue, 05/19/2009 - 12:52

Submitted by anonymous
on Tue, 05/19/2009 - 12:52

Posts: 202330 Credits: [Donate]

Total Replies: 10


My husband got a summons a couple of days ago from Asset Acceptance for a credit card account they had bought. It is still within the sol and is for the amount of $1800. There is no court date but it says that he is required to serve upon the plaintiff's attorney within 28 days after receiving the summons. I want to settle this account out of court if possible but I am not sure how to go about it. There are two pages explaining the complaint which then lists a group of four attorneys calling them Staff attorneys. The last page or "exhibit b" is a statement from Asset show the charge off amount, date of delinquency, etc. I am not sure who I am suppose to call. Do I call the number listed with the attorneys or do I call Asset Acceptance directly? Also do I offer a settlement amount or a payment plan or what? I don't have the money to pay off the account but I may be able to borrow it. I would like to know the best way to go about it. If anyone has dealt with this before or has any advice it would be greatly appreciated as this really has us stressed out. Thanks.


ok first i would check with your local to court to see if they have indeed filed a summons against you in county court..these fake summons are lovely collection agency scare tactic sometimes..
if they have field a complaint with your county court then its legit and you need to respond to it..i would start with the attorneys in the suit..yes you may be able to settle this outta court or set up payment plans with attorneys..however, i caution you to get everything in writing from them BEFORE you give them one red cent. be sure to respond to the court during this time period, because if you do not they will automatically push for a default judgemetn and the defaulter club isn't one you want to be a part of! collection agencies are notorious for agreeing on the phone and not staying true to their word get it all in writing..


lrhall41

Submitted by on Tue, 05/19/2009 - 17:26

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I was wondering how I go about finding out if they have filed suit against my husband is legit. Do I just call the courthouse and they can look it up? Thanks for the help.


lrhall41

Submitted by on Mon, 05/25/2009 - 12:06

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Also one other quick not...the court that according to their letter they are going through is not in the county that we live in. Just wondering if that makes any difference.


lrhall41

Submitted by on Mon, 05/25/2009 - 12:17

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I checked out the county court page and look up the case number and there is a complaint filed against my husband. Tomorrow I am planning on making some calls. Like I said the summons is from a different county than I reside in and in a different county from where the original debt was obtained. This county is right next to me and my post office is actually through this county though my residence is in the other county. Should I just call the court and let them know that I do not live is this county and ask that the case be dismissed on the grounds of improper venue or how exactly should I go about that. Once again Thanks so much for the help. It has helped much with the stress level of this.


lrhall41

Submitted by on Wed, 05/27/2009 - 13:40

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Besides improper venue...why would you want to settle the debt? The different counties does not matter much to the judge. They re-do the paperwork and file it in another county.

Asset has to prove more than a statement. What about the OC that they "bought" it from? If you start paying on a judgment or before it even gets to that point of a payment plan ...there is nothing stopping the c/atty from moving forward with the judgment. And even in writing, it does not mean anything to Asset.

The c/atty do not have rules.


lrhall41

Submitted by beneficbarbara on Thu, 05/28/2009 - 11:36

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lol. Asset does not care about FDCPA.

seriously, the c/atty will go right under your nose and slide in a judgment while you are doing a payment plan.

also, OP please do not even consider paying these people.

thank goodness we have the guidelines that we can follow and present a judge with it...and sometimes that does not even work.


lrhall41

Submitted by beneficbarbara on Thu, 05/28/2009 - 11:49

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