Going to Conciliation Court

What are you people talking about?

It's very likely you can still work out a settlement before court (but do not skip showing up in court). Also, most judges will encourage you, on the court date, to try to work something out between you.

Have you tried settling this account??

You can ask for a payment plan...and they could deny you. However you then need to show up in court and tell the judge you have attempted to make payments and there is a possiblity he will grant a conditional judgment...this allows you to make payments without being garnished or having your bank account levied.

I plan on going to court. The law firm is Messerli and Kramer. I got 1 letter from them on 5/7/2012 and then I got conciliation court papers on 5/24/12.

I responded to their letter stating that in the "Final Notice" they didn't reference the debt or how much it was. Just that I had time to contact them for a payment arrangement. How am I to make an arrangement if I don't know who or how much.

The court papers say they represent Midland Funding who bought the debt from HSBC. The CC balance was 700. Interest was 80 and court cost are 70.

All of this seems so screwy and not sure what I should be saying to the judge because I feel this law firm should have sent me more letters than 1 FINAL notice.

I was just looking for advice. if you get a judgement against you in conciliation court is it automatic wage and bank levy?

I am originally from Minneapolis and I know how Messerli and Kramer work...once they get the judgment they will use it to their power to collect as quickly as possible. They have a tendency to go for bank levies right around the 1st of the month hoping to grab rent/mortgage payments. They can be nasty. Thats why I suggested going for a conditional type judgment...

Thanks for your advice. I talked to a lawyer this morning who has dealt with them this morning. He said to show up to the hearing - very informal. He said DO NOT tell them where you work or my bank account information. He said to tell the judge that you don't recall how the debt accumulated to that much but acknowledge that you had a credit card with HSBC. State you are more than will to make monthly payments or settle on an agreed amount.

He said most people don't show up to these hearings and that is how Messerli and Kramer get default judgements.

Is that good advice. Do I just ask the judge for a conditional judgement?

Quote:

Thanks SOAPLADY... I am so inexperienced with this and just can't believe that I am being sued for such a small amount.

So, I should still call Messerli and Kramer before the hearing on Thursday? Do I own up to the full 900 something OR ask to settle in 3 payments for a smaller amount?

Oh - and I should clarify - the lawyer said to note tell Messerli and Kramer my bank accts and place of employment

If the judge asks you or the court demands it, you have to. However, if you call up and offer a payment plan - do not let them do an autodraft. Get a prepaid debit card or send them in a money order.

Personally I would have no problem giving Messerli and Kramer autodraft priveleges if I that was a condition of settlement. I used to go MN collection conferences where they attended...they are a very respected law firm within the collection community. Not to mention the MN AG's office would have their ass if they violated the FDCPA in cashing checks/ach debits early.

FYI...my ex services their computer equipment and several people I trained/worked with work their. I usually know when he has been their as a new FB request comes my way or he sends me messages.