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Payment arrangements

Date: Thu, 06/05/2008 - 22:07

Submitted by anonymous
on Thu, 06/05/2008 - 22:07

Posts: 202330 Credits: [Donate]

Total Replies: 13


Can someone walk me through this. I was served a summons from this collection agency. Today their lawyers wrote me a letter asking me to call them, I am assuming it is for a payment agreement. This debt is mine but I don't have that much to give them at one time. How do I go about negotiating with them when I call? I would really like to settle this.

A little more info: The debt is for $2800, how much do you think they would be willing to take a month?


Welcome to the community Guest.
I would suggest contacting them and let them know what you have financially available. If you can only afford to pay X amount per month then that is what you tell them. I honestly don't know what they will accept however as I am not them. If you can work something out with them then you should indicate that during the hearing. I don't believe that there is a place for an addendum in the civil complaint answer.


lrhall41

Submitted by JCEMT on Fri, 06/06/2008 - 06:42

( Posts: 2934 | Credits: )


Well you may be able to get the case thrown out of you respond with the "Defendant does not have sufficient information to confirm or deny" and request validating documentation during discovery. Validating information could consist of:

1. Name of the original creditor and what the debt is.
2. A breakdown of the balance and how they calculated it.
3. Copies of any papers that show you agreed to pay what they say you owe;
4. Identify the original creditor;
5. Proof that the Statute of Limitations has not expired on this account
6. Proof that they are licensed to collect in your state
7. Provide you with their license numbers and Registered Agent
8. Proof that the collection company owns the debt/or has been assigned the debt. (They are legally entitled to collect this particular debt from you.) This is basic contract law.
9. Complete payment history, starting with the original creditor. (proof of your payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to their company, and what fees/interest has been tacked on to this debt and they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
10. Copy of the original signed loan agreement or credit card application. (Your contract with the original creditor establishing the debt between you and the CA.) This is also basic contract law.

If they are not able to provide these then you may be able to request that the case be dismissed with prejudice.


lrhall41

Submitted by JCEMT on Fri, 06/06/2008 - 08:26

( Posts: 2934 | Credits: )


If you can't afford what THEY want, in monthly payments, at least, if you pay them SOMETHING a month, it STILL shows that you are trying to take care of the debt.


lrhall41

Submitted by sdchargers_63 on Tue, 06/10/2008 - 04:51

( Posts: 1798 | Credits: )