Settlement After Civil Summons Served???
Date: Thu, 09/17/2009 - 13:12
Ok... Firts off, I am in North Carolina. I posted an earlier post about being served a Civil Summoms to answer a complaint about a credit card debt I owe. The summons doesn't have a court date, they are just asking me to answer the complaint within 30 days. I defaulted on the card when the economy went bad and my hours were drastically cut. The SOL has not past so I can't use that defense. I do owe the money...at least some of it anyways but not sure they have the correct amount or that the CA is legally able to sue me for a debt they bought from the credit card company. The CA must be sorta new since I couldn't find much online about them after I googled them. I do want to settle the debt if I can but need some advise on how to reach a settlement. I know I MUST answer the complaint so they won't receive a default judgement in their favor but I don't feel like I could win if they produced all the paperwork and signatures which I doubt they have in their possession at present.
Do I try to reach a settlement with the CA's attorney now or after I answer the summons?
Do I list my settlement attempts in my answer when I answer the summons?
Can I use any leverage in trying to reach a decent settlement like asking them to jump through hoops like validating the debt with my signatures, payment history, proof they purchased the bad debt, Proof they have a legal right to sue me, etc if they won't settle?
The debt is for $6500 dollars and they are 150 miles away so I know they would have to make the 300 mile round trip to go to court plus all the hassle of validating the debt. Can I use that as leverage in trying to reach a settlement?
Lastly.... what settlement amount should I go for or can I expect, to keep this from going to court for the full amount?
Any help from those that have been where I am????
Do I try to reach a settlement with the CA's attorney now or after I answer the summons?
Do I list my settlement attempts in my answer when I answer the summons?
Can I use any leverage in trying to reach a decent settlement like asking them to jump through hoops like validating the debt with my signatures, payment history, proof they purchased the bad debt, Proof they have a legal right to sue me, etc if they won't settle?
The debt is for $6500 dollars and they are 150 miles away so I know they would have to make the 300 mile round trip to go to court plus all the hassle of validating the debt. Can I use that as leverage in trying to reach a settlement?
Lastly.... what settlement amount should I go for or can I expect, to keep this from going to court for the full amount?
Any help from those that have been where I am????
Quote:at least some of it anyways but not sure they have the cor
Quote:
at least some of it anyways but not sure they have the correct amount or that the CA is legally able to sue me for a debt they bought from the credit card company. |
If you are not sure that the CA has the rights to collect on the debt or not confident about the amount of the debt, then you must file a motion of discovery along with filing the answer for the summon. Ask the court clerk about the procedure.
Quote:
Can I use any leverage in trying to reach a decent settlement like asking them to jump through hoops like validating the debt with my signatures, payment history, proof they purchased the bad debt, Proof they have a legal right to sue me, etc if they won't settle? |
Why do you want to do this? We keep on advising people not to pay the collection agencies without confirming the debt. So, it'd entirely be your call and we can't suggest anything about it. You can settle with the company without validating the debt to find out later that the account has resurfaced with another CA.
Now, if you really feel that you owe the money that they are charging and wish to settle without validating it, make sure that atleast you receive the 'paid in full' in writing from them.
When I do file a motion of discovery, do I also send a copy of i
When I do file a motion of discovery, do I also send a copy of it to the attorneys of the plaintiff along with my answer to the summoms via certified mail or do I let the courts send them their copy?
I do know that I owe most of the money they are asking for, if not all of it so my best bet is probably to try and settle before there is a court date given and a judgement rendered in their favor. So when would be the best time to try and settle?
Now before I answer the complaint or after I answer the complaint and file the motion for discovery? I know I would still have to answer the summons even if we did settle.
