Debtconsolidationcare.com - the USA consumer forum

Suit settlement help please?

Date: Fri, 02/09/2007 - 07:00

Submitted by anonymous
on Fri, 02/09/2007 - 07:00

Posts: 202330 Credits: [Donate]

Total Replies: 6


I'm not sure what to do here. I've read alot of scary things about this particular collection agency/plaintiff on this site. Last Sunday I was served with a $2800 suit alleging to be a purchased debt on a credit card. That could very well be, I do have a long outstanding debt on this card. The complaint was verified by affidavit. I would like to attempt to settle this debt, I really don't have a valid legal defense. It was a $600 account that has astronimically jumped in cost. Should I file an answer then call the attorney/company to try to settle? Should I file an offer of judgment in order to settle? What is the best strategy for limiting my damages and making this painful memory debt go away?
tia!

ETA - I work for a lawfirm, so I know the procedures for answering, and what not. I guess another option I would have is to have one of the attorney's I work with try to help me negotiate a settlement. Now that I'm reading a little more, I'm thinking I should file the answer and request a verification of debt - but since a verification Affidavit was filed with the complaint, can I take that as proof that it is the credit card returning to haunt me? Oh, and I also know that the sol has not run.

Thanks again for any thoughts or insight.


Yes, you need to file the answers to the court and show up on the hearing date. Plan your defense by taking an attorney's help. The judge will hear stories of both the parties before reaching a conclusion. He will try to fix up a payment plan after analyzing your financial situation. If you can afford the plan, your wages won't be garnished.

When is the hearing date fixed? If you have time in hand, call the law office and make a deal. You should be able to negotiate and get them withdraw the case filed against you.


lrhall41

Submitted by Johnson4485 on Fri, 02/09/2007 - 15:14

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:shock: Here we go again! Just because an affidavit is attached to suit does not show proof of debt.

Send a debt validation letter to attorney requesting proof that they have the legal standing to collect on debt and proof that it is your account. In the meantime file your answer with court. If it looks like they are holding out on documentation file discovery motions.

You are entitled to review every document of proof they have. Good luck and smoke em like a cuban cigar! :twisted:


lrhall41

Submitted by cajunbulldog on Fri, 02/09/2007 - 15:49

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I work in a lawfirm too. Do as suggested by other members in this thread, but also utilize the resources of the firm you work in. You will never find better, more affordable advice than right there in your own shop. As long as you don't make a practice of it, the attorneys don't mind helping once in a while. Expect to pay fees though if you want them to represent you. Your best bet is to have an attorney "mentor" you through the process.


lrhall41

Submitted by DebtFairy on Fri, 02/09/2007 - 18:54

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There are cases where the "affidavit" gets thrown out as evidence because the CA did not attest that it is a record made and kept in the ordinary course of business. The affidavit must also be from the custodian of records if they are relying on it to prove you owe the debt. As usual, not all courts look at this the same way.


lrhall41

Submitted by texaslawyer on Sat, 02/10/2007 - 09:55

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