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McKay Simpson Lawler Franklin & Foreman LLC

Date: Tue, 07/18/2006 - 22:37

Submitted by anonymous
on Tue, 07/18/2006 - 22:37

Posts: 202330 Credits: [Donate]

Total Replies: 4


Hello,
I am new to this forum and wanted some advice. I received a summons for a past Citibank debt at my home. From the above collection agency/law firm? I have thirty days to respond or I am legally liable for an extra 1600 in law fees, according to them as Mississippi law. I wanted to if anyone has or delt with them before? How should I respond?
Thanks for any advice


I would do the following:

1) Dispute the validity of any false or misleading information they make purport. Did this just happen or did the notify you of this debt earlier? You would have more explicit rights if they just recently notified you.

2) There's very little they can do--don't fret too much. If you don't have money to pay them, there's not much in their arsenal (assuming you have no real or personal property or state exemption laws trump their collection abilities)

3) Appear in court. Don't give them the opportunity for a default judgement.

4) Try to reschedule a repayment plan prior to attending court. If you can reach a settlement with them (or through a firm of one kind or another), that would be the best.

5) What is the age of the debt? Check to see if falls within or outside your State's Statute of Limitations.

Feel free to PM me if you have other questions.

John


lrhall41

Submitted by johng on Wed, 07/19/2006 - 02:08

( Posts: 24 | Credits: )


Thanks Johng for the info.

I was told I need to send a letter. Stating I'm not responsible for the lawyer fees and to make a settlement offer. Is there a template for that letter here on the website? Or some info on how it should be written? I'm supposed to send it certified mail.

Have you or any else ever heard of these people? I can't find much on them.

Thanks,
Daniel


lrhall41

Submitted by on Wed, 07/19/2006 - 04:50

( Posts: | Credits: )


Daniel, get some hints from this letter in order to offer your settlement offer. Since the debt can run out of the SOL period if they don't get the money from you, they might accept your payment proposal. Most companies work with the people making an attempt. Give a try. Hopefully it works in your case.

Quote:

(Send via CERTIFIED MAIL)

YOUR NAME
YOUR ADDRESS
CITY, STATE, ZIP CODE

Date:

CREDITOR NAME
ADDRESS
CITY, STATE, ZIP CODE

RE: Acct.#

Creditor:

I recently obtained a copy of my credit report and noticed that your company has reported me as having the above listed account as: (delinquent, sent to collections, etc.). I wish to bring this account to a resolution that will be fair and beneficial for both of us. Therefore, I propose to pay you X monthly payments of $, or forward a check to you in the amount of $ as payment in full, provided that you are willing to send me a letter stating you will report this to any and all credit reporting agencies as: 'PAID AS AGREED' or notify me in writing that you agree to delete this item from any and all credit reporting agencies.

I WILL NOT agree to accept a 'PAID P & L' or 'CHARGE OFF' for an additional amount of time on my credit report. It is my position that I have suffered enough as a result of this problem.

Upon receipt of your letter I will send you a cashier's check or money order in the amount of $.

Sincerely,

Signature Date signed

Your name Date printed


lrhall41

Submitted by GunsNroses on Wed, 07/19/2006 - 14:33

( Posts: 485 | Credits: )