handling pre-court settlement offer

ok, let me ask you this--do you plan to fight the debt entirely? Do you legitimately own this debt, is it a debt that you really do owe?

It all depends on how you answered the summons. If you denied the debt entirely and your contention is that this is not even your debt, then no, I would not pay a settlement offer, and I would not think that a judge could possibly hold it against you. Think about it--if your answer to the summons tells the court that this isnt even your debt, why should you have to pay it? No judge in the land should hold that against you if youre fighting the entire debt. Also, if you are arguing that the amount is wrong, then depending on how much the settlement was for, that could still mean that you could be paying more than they are legally allowed to charge you.

Now, if you accepted the debt as yours, and you didnt dispute the amount, then it could be in your best interest to take the settlement. Again, I am no attorney, and you would have to make up your own mind there, or seek legal counsel.

How did you answer the summons? DId you deny the debt?

All good thoughts. Thank You! My affirmative defense in
my answer include: need accounting of the amount (i.e. proof). Summons improperly served ( it was left at doorstep). And suit may be time-barred, according to California SOL.
This was a Capital one account. The debt is mine. Not sure abut the amount though. And I believe they waited to long (SOL) to seek legal action. Therefore, I feel I should exercise my constitutional right to fight them in court.

rawbl--I got your message, but I cannot tell if it is really through the curt without more information. The first thing I would do in this case is contact the clerk of court's office for the court that is listed on the paperwork you got. Call them, and verify that a court action has been commenced against you. If they say that no suit is in process right now against you, then you quite possibly have a violation of federal law on your hands, committed by whoever sent you those papers.

first thing's first, improper procedure is out. California law allows them to leave a summons at your place of residence like that. The statute in the Code of Civil Procedure that discusses this is Rule 415.20(b)

Now, the SOL....in California, SOL on this debt would be 4 years. That means that the debt is past SOL if you have not made a payment in the last 4 years. Once the account is delinquent, the clock starts. The only thing that can restart the clock in your state is if you make a payment on the account. When was the last payment made?

Reply on this, and I will help you put the pieces together as best I can....

Jon

Also, log into your account here, I left you a quick message for further help on that letter.