how to settle a collection before court.
Date: Tue, 05/04/2010 - 13:46
I sent a validation letter to the attorney in January 2010, and the last thing i got was a change of venue court date for this week.
Some people tell me to get a lawyer but I cant afford one. so i doing this on my own, and some people say just let it go.
What should I do? should I contact the collection agency ? the attorney representing them? the original creditor wont speak or give me the time of day.
I want to avoid a judgement but cant afford the whole amount. I want to get past this.
thanks.
If your account was sold to a collection agency, they are now yo
If your account was sold to a collection agency, they are now your creditor. If you want to negotiate then talk to the collection agency. You can try and negotiate up until you get a judgment against you. There might be a non-for-profit credit counselor in your area who might be able to help you negotiate. Just a suggestion.
Getting in touch with the actual creditors is of no use,its just
Getting in touch with the actual creditors is of no use,its just a waste of time. I would suggest you to contact the collection agencies and work out an outside court settlement with them. Tell them that you cannot afford to pay them the whole amount.
As the original creditors have sold out the account to the colle
As the original creditors have sold out the account to the collection agency so in this case you have to deal with the collection agency.Now the collection agency is your creditor.Tell them about your financial condition and try to get a settlement offer.
Did you ever get a collection notice from the collector before y
Did you ever get a collection notice from the collector before you were sued?
When was the last time you made a payment on this debt?
What state are you in?
Does the amount they say you owe reflect what you recall you owe?
When you tried to talk to the Original Creditor, did they redirect you to the collector who is currently suing?
Your best course of action will depend on the answers to these questions. For example, if this is a rather old debt and not the company the OC sent you to, then you should get validation (n court through discovery) to make sure they are the company legally able to collect from you.
Just get in touch with them & explain about your financial hards
Just get in touch with them & explain about your financial hardship,try to workout a settlement offer with them by explaining that you can't afford to pay them in full...
Quote:Originally Posted by shane rogersJust get in touch with th
Quote:
Originally Posted by shane rogers Just get in touch with them & explain about your financial hardship,try to workout a settlement offer with them by explaining that you can't afford to pay them in full... |
Before offering such advice you REALLY need to get more information from the poster, as goldenbast requested.
if your debt has crossed the sol of u state then there is not m
if your debt has crossed the sol of u state then there is not much the ca can do however if it hasn't then You can call the creditor before the court date & see if they will accept settlement for a lesser amt. or if they will set up a payment plan with you. However, they don't have to do either of these. If nothing is resolved before the court date, you do need to go to court or they will get a default judgment against you.
Quote:Originally Posted by goldenbastDid you ever get a collecti
Quote:
Originally Posted by goldenbast Did you ever get a collection notice from the collector before you were sued? When was the last time you made a payment on this debt? What state are you in? Does the amount they say you owe reflect what you recall you owe? When you tried to talk to the Original Creditor, did they redirect you to the collector who is currently suing? Your best course of action will depend on the answers to these questions. For example, if this is a rather old debt and not the company the OC sent you to, then you should get validation (n court through discovery) to make sure they are the company legally able to collect from you. |
I had all of this in another post, which some blasted me calling me a deadbeat.. but this is the deal.
Im in NC, , its alittle more than what I think I owe, and its about 2.5 yrs old, the original creditor will not speak to me, told me to call RJM. I cant get in touch with them, and I never received a notice from them.. but they sent my acct to Sessoms & Rogers who then sent me nothing but a summons.
basically I had an overdrawn acct. I lost my job - I got laid off, couldnt pay anyone and had to move. I got a summons for court, in the old county I lived in, and I sent an answer to the complaint (to court and the atty) asd well as debt validation to the atty. the only thing I have gotten back is a change of venue notice.
all I want to do is get in touch with someone to find out what is a-going on- b- if payment arrangements can be made-and try to settle it once and for all.
regardless, I dont need to hear from unregistered folks on this forum who prey on those who make mistakes or have accidents that cause these kinds of things to happen. I dont need to hear I am dead beat, because unless you walk in my shoes YOU DONT KNOW ! I didnt rack up debt to buy my new shoes or crack. YOU DONT MY SITUATION.
SO-- I just need real advice.. yes I can just let them create a default judgement and I can pay it when I feel like it right? or just let it sit on my credit forever, cause my credit is crap right now anyway? BUT NO! I would like to get this resolved.
Hmm Well you can fight it in court but since it isn't that old t
Hmm Well you can fight it in court but since it isn't that old they will likely have all the paperwork, though I happen to know RJM are a bunch of jerks. They really have no incentive to set up a payment arrangement if they have already filed suit since they can get paid from garnishment (if applicable) and liens, but it doesn't hurt to try.
However you can still demand for proper documentation during discovery, plus there are a few little counterclaims you can throw at them just to ruin their day, such as not giving you any letter with your right to dispute within 30 days (1) although if they sued you in an old address, it is possible they sent these letters to that address. You may be able to work out a payment arrangement with the court, just be sure to take all of your financial information with you. That at least will prevent them from garnishment or liens as long as you keep up the payments.
Don't even listen to the 'pay your bills' and 'your a deadbeat' BS...we get it all the time, likely from CA phone reps who are sweating because more and more people are learning about the laws so these bottomfeeding slime can't prey on them as much as they used too.
Quote:Originally Posted by goldenbastHmm Well you can fight it i
Quote:
Originally Posted by goldenbast Hmm Well you can fight it in court but since it isn't that old they will likely have all the paperwork, though I happen to know RJM are a bunch of jerks. They really have no incentive to set up a payment arrangement if they have already filed suit since they can get paid from garnishment (if applicable) and liens, but it doesn't hurt to try. However you can still demand for proper documentation during discovery, plus there are a few little counterclaims you can throw at them just to ruin their day, such as not giving you any letter with your right to dispute within 30 days (FDCPA violation) although if they sued you in an old address, it is possible they sent these letters to that address. You may be able to work out a payment arrangement with the court, just be sure to take all of your financial information with you. That at least will prevent them from garnishment or liens as long as you keep up the payments. Don't even listen to the 'pay your bills' and 'your a deadbeat' BS...we get it all the time, likely from CA phone reps who are sweating because more and more people are learning about the laws so these bottomfeeding slime can't prey on them as much as they used too. |
Thanks for the help they are trying to get a change of venue since I now live 5 hours away from where they originally tried to serve it. When i moved I put in a change of address but never got anything from neither RJM or Sessoms & Rogers (the attys).
Is it legal in NC to have your wages garnished for that? Just wondering. I still waiting to see if the Judge okayed the "change of Venue". I might also want to point out that I did send an Answer back to the Attys, and the court to be filed, and sent a debt validation letter to the attys but I havent heard anything back since Feb. only thing I have gotten was a court date for a change of venue.
this is nuts.
OMG has anyone heard of Trak America? Goldenblast, I just got of
OMG has anyone heard of Trak America? Goldenblast, I just got off the phone with RJM who said they contracted it out to Trak America atleast 10 mons prior to the subpeona I got with RJM as the Plantiff... what is going on with this ? LOL
Do you know of this company? I tried to call but they are closed already.
thanks!
Don't bother contacting RJM..just answer the summons. RJM will
Don't bother contacting RJM..just answer the summons. RJM will run roughshod over your rights if allowed to do so.
To the OP: I looked it up and NC has a no garnishment law so you don't have to worry about them attacking your wages but they may still be able to get your bank account...you would have to put your money on an online banking card or something like that.
At this point the lawyers don't have to honor a debt validation letter since it is already in litigation. You will need to file a motion for discovery and get all the documentation that way.
If for some reason the judge denies the change of venue..then just file a motion to dismiss for improper venue...it is your right to be sued in your proper court....but I don't see the judge denying it.
Lorim, NC passed legislation last year that made debt buyer law
Lorim,
NC passed legislation last year that made debt buyer lawsuits much more cumbersome on the part of the buyer. There are requirements resulting from this legislation that have made debt buyer suits in NC all but non existent since passage.
I am skeptical that RJM is prepared to meet the burdens required by this new law, as from what you wrote, they have already failed to do so.
You may want to call the consumer protection division of the AG office in NC to look into this further:
[FONT="]North Carolina Office of the Attorney General
Consumer Protection Division
9001 Mail Service Center Raleigh, NC 27699-9001
919-716-6000 1-877-566-7226 (NC)
Fax: 919-716-6050 [URL="http://www.ncdoj.gov/"]www.ncdoj.gov[/URL][/FONT]
Once you speak with them, you may want to contact the attorney for RJM and ask if they are prepared to meet the legal requirements to prove their claim. You may also wish to point out that they are already in violation of the law given that:
The new law does require a dunning notice be sent 45 days prior to filing a claim. You never received notice. They must meet this legal requirement regardless of your having moved.
It may be best to make notes of all of your efforts to date and to continue to do so.
This is a new law and there are no cases setting precedent for violations. Perhaps your notes will come in handy for later enforcement. In fact, once you dig a little deeper into this, you may wish to formally document all that has transpired in the form of a written complaint to your AG's office.
Just some thoughts......
Mileage may vary
My advice is to never admit to anything until you validate the d
My advice is to never admit to anything until you validate the debt. Even if you think it is your account send them a debt validation letter. Once you receive the information then decide on what you want to do. If they provide you with information from the original creditor then you may want to settle. If they cannot provide you with anything from the original creditor even if you owe the amount don't settle. Go to court.
Third party debt collectors typically do not have any of the original paperwork and if you press your case you will win.