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Help settling w/law firm

Submitted by gabe24fan on Tue, 01/22/2013 - 07:22
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We received a summons this w/e from a law firm representing Capital One. We owe 4208.00 and they are offering a settlement of only 3325.00. I offered them 2500.00. They are being very stubborn...... I will have the cash available once taxes are filed, etc..... I need to get a lower settlement than what they offer and get them to file to dismiss the lawsuit. Any advice would be greatly appreciated. The law firm is Bowman, Heintz, Boscia and Vician in Indiana.


I get all of that. I am just looking for advice on how or what to say to get them to settle for less. Right now, they will have to wait a VERY long time and there is no paycheck for them to garnish. My husband has not had a paycheck for over 3 years. Even if I agree to their settlement amount, I want them to file to drop the lawsuit. If not, I will NOT settle at all and they can just sit and wait while and get nothing while I work out settlements on our other debts.


Submitted by gabe24fan on Tue, 01/22/2013 - 11:17

gabe24fan

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OK - just an update. I did work out a settlement for the $$ they want. I spoke with a very nice man yesterday and he worked out a monthly payment for me until we get our tax refund. He is supposed to be faxing me the written agreement today. I will be including that with my response to the court. It should be paid off well before a court date is set, according to him, and the suit dismissed. I sure hope so!


Submitted by gabe24fan on Fri, 01/25/2013 - 03:44

gabe24fan

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Bottom line....they will not drop the lawsuit without $$$ in their hand. Maybe you can delay the court date until after you file so you have the funds???

If they get their judgment, they will pursue not only wage garnishment but bank levies and property leins.


Submitted by SOAPLADY on Tue, 01/22/2013 - 12:56

SOAPLADY

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The lawsuit is already filed....they are NOT going to drop it based on when and if you have the funds available. Legally they are under no obligation to settle at all...and now you have court and legal costs on top of your balance. Unless you settle with them prior to the court date, they are going to get their judgment.


Submitted by SOAPLADY on Tue, 01/22/2013 - 09:42

SOAPLADY

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