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Attorney's office not willing to negotiate

Date: Wed, 10/05/2011 - 21:14

Submitted by hobbit610
on Wed, 10/05/2011 - 21:14

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Total Replies: 6


[COLOR=black]I have an attorney office representing 2 different companies trying to collect roughly $27,000 in old credit card debt. One is Commerce Bank, a local Midwestern bank, and the other is Midland funding who bought an old Chase debt. Both of these debts are over 4 years old. I have called but they are unwilling to settle for less than 60%, unfortunately I do not have $16,000. I tried to work out a payment but they will make me pay the full amount, along with the default interest rate for 3 years. It is over $1,000 a month. I figure if they get a judgment the most they would get is 25% of my disposable income which is less. Is there any trick to make the more reasonable? My next court date is Oct 26 so they have me scrambling. :confused::confused:[/COLOR]


You should attend the next court hearing and inform them about your financing hardship in the court. You should ask them to lower the settlement plan so that it becomes affordable for you to pay off the debt. If you can convince the lender about your financial hardship, then there are high chances that he will give you an affordable payment plan to pay off the debt.


lrhall41

Submitted by savion.parker on Wed, 10/05/2011 - 22:14

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Quote:

You should attend the next court hearing and inform them about your financing hardship in the court. You should ask them to lower the settlement plan so that it becomes affordable for you to pay off the debt. If you can convince the lender about your financial hardship, then there are high chances that he will give you an affordable payment plan to pay off the debt.


Savion..are you guessing at these answers?? Have you ever been in debt, gone to court...or even read anything on civil procedure?? Your answers are generally vague and border on being wrong most of the time. You dont seem to know the difference between a settlement or a payment plan.

To the poster.....You HAVE to attend court if you wish to avoid a default judgment. Take all supporting documentation to prove your income. The best case scenario is that you will be able to prove to the COURT that all parties would best be served by a payment plan. Hopefully they will issue a contingency judgement, allowing you to make payments without further legal action by the creditor. Provided you make your payments every month, the creditor cannot pursue wage garnishment or bank levy.


lrhall41

Submitted by SOAPLADY on Thu, 10/06/2011 - 09:20

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as always, soaplady nailed it !! go to court ! take at least one month's worth of check stubs, or proof of income. also take a copy of any recurring bills you have (mortgage, car pay, etc that is the same every month). take a copy of your last few months utility bills, other cc bills you may have, medical bills, etc....take copies of bank statements etc to show you have little or no money in the bank... do a spreadsheet that has a list of all your bills and expenses, add them up, then have proof of your income.. show proof of what comes in and what goes out and if any is left.....


lrhall41

Submitted by generallee on Sun, 10/09/2011 - 20:29

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I concur with the advice given.
A judgment alone does not necessarily include a court order specifying how the payment of the debt must be executed. The plaintiff/creditor may additionally request an order for execution of the judgment (i.e., how, when, and how much you must pay) in addition to the judgment itself, so be prepared in court if the issue of court-ordered execution arises.

If execution of the judgment is not a part of their legal action, they can always come back to the court later and supplement the judgment by asking for a writ of execution, including such things as attachment of property, assets, and wages. So it is most likley to arise at some point. Be prepared.


lrhall41

Submitted by Lian on Mon, 10/10/2011 - 18:47

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