Payment arrangements
Date: Thu, 06/05/2008 - 22:07
A little more info: The debt is for $2800, how much do you think they would be willing to take a month?
Also,I am still going to court to file an answer because I don't
Also,I am still going to court to file an answer because I don't trust. Do I write that in my answer that we have an agreement?
Hello guest, I'm not able to answer this for you but I wanted yo
Hello guest, I'm not able to answer this for you but I wanted you to know if you hang in there, someone who has some advice for you will be along shortly. :)
Welcome to the community Guest. I would suggest contacting them
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.
Thank you, jcemt, if they do agree to something that I can affor
Thank you, jcemt, if they do agree to something that I can afford, do I have them send me a letter of agreement first before I pay them? I am calling them today and I have to go to the courthouse on Monday to submit my answer.
I agree, you should certainly have any agreement in writing.
I agree, you should certainly have any agreement in writing.
Should I notify the court when I go to file my answer that we ha
Should I notify the court when I go to file my answer that we have an agreement or do I write tis on my answer? Also, if an agreement should happen, do I still deny everything on the answer, I know I owe the debt.
If you are sure that the debt is yours and everything looks as i
If you are sure that the debt is yours and everything looks as it should then you should confirm it. If you are not sure of something (like the balance due) then you would reply with "Defendant does not have sufficient information to confirm or deny"
That's what I'm afraid of. If I do confirm this, can they take t
That's what I'm afraid of. If I do confirm this, can they take the full amount from me, I cannot pay the full amount, I can only pay in monthly installments
Well you may be able to get the case thrown out of you respond w
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.
I can still respond with those points, even if I had already spo
I can still respond with those points, even if I had already spoke with them trying to get an agreement?
thank again
If you want to get it dismissed it may not look in your favor if
If you want to get it dismissed it may not look in your favor if you try to settle out of court.