How to settle a debt
Date: Tue, 05/19/2009 - 12:52
ok first i would check with your local to court to see if they h
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..
This link explains the process in detail: "http://www.nedap.org/
This link explains the process in detail: "http://www.nedap.org/hotline/court.html"
County court
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.
It does. They need to serve you in the county in which you resid
It does. They need to serve you in the county in which you reside. You can have that case dismissed due to improper venue.
Yes, call the court and ask.
Improper Venue
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.
Hmmmmmm. That is an entirely different story. Since you have an
Hmmmmmm. That is an entirely different story. Since you have an address in the other county the CA could easily state that, to the best of their knowledge, you resided in that county, and I believe that the judge would side with them on this.
Consult a local attorney for much needed counsel.
Besides improper venue...why would you want to settle the debt?
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.
What do you mean they don't have rules? How about the FDCPA, St
What do you mean they don't have rules? How about the FDCPA, State and Federal RCP? Rules and regs regarding Discovery?
lol. Asset does not care about FDCPA. seriously, the c/atty
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.