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Settle before or after answering a lawsuit?

Date: Tue, 12/04/2007 - 13:20

Submitted by anonymous
on Tue, 12/04/2007 - 13:20

Posts: 202330 Credits: [Donate]

Total Replies: 6


We've been sued by a junk debt buyer. Let's say hyopthetically the debt is valid, and we're interested in settling. Does any one have any experience or opinion as to whether settlement is more cost effective before fighting the complaint in court (not as many attny fee's, not angering the collector.) or is better to start to fight, ask for verification, answer summons, etc. and then ask for a settlement offer (they know you'll fight, etc.)
Creditor is CACH. Amount around $2,000 before interest , fee's, etc.

Part of me is afaid to settle out of fear that the debt is not valid. But another part thinks paying part of the debt would be a better solution in case the debt is valid.


In my personal opinion which you can take it as much as it is worth which isn't squat really, but I think before you settle anything you NEED to get validation that they do indeed own this debt and are able to legally collect on it and provide the proper validation of it.

There is alot of information on this forum about cach so I would suggest reading what other's have had to say about them and how they dealt with them.

Other's will be along shortly to advise you further.

ladybug


lrhall41

Submitted by ladybug on Tue, 12/04/2007 - 13:51

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Well this is ur choice but i can tell u what happened to me with the lovely CACH! I offered them 60% of the debt when they first contacted me, they refused. SO after 2 years and a suit which they won by default, they ended up settling with me for less than the original amt i offered them... i'll never figure that one out! EVER!
Good Luck,
Ang


lrhall41

Submitted by Ang on Tue, 12/04/2007 - 13:59

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Ang,

If they won the suit, how did you settle? Aren't they entitled to the full amount of the judgement? Did you negotiate after everything was over for a lesser amount? If so, you have impressed me to no end. Finally, was it worth the fight? OR do you wish you would have paid from the get go?

I've read up quite a bit on this board, it seems as if asking for validation is almost worthless. They never provide anything trustable. But they seem to use thier legal knowledge to strike motions, etc. In the end I wonder if $2000 wont be spent fighting, stressing, attny's, etc. if they find a crummy way to sidestep me and get a judgement becuase I cant accuratly represent myself, and If I hire an attny Im spending the money I could have settled with.
This is my fear.

Thanks for the responses! It's appreciated.


lrhall41

Submitted by on Tue, 12/04/2007 - 14:15

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Nothing to be impressed about guest! This is how it went down... i didn't answer the summons (stupid) and they won by default. Next court date was to bring in all my assests and income. I did, the atty they had there was super nice and helpful to me.... Next was a court date for garnishment of my hubby's wages although he had NO knowledge of this debt and i think that might be what scared them a little as the judge could have vacated him from the judgement since he had NO prior knowledge and they never once tried to contact him for payment. So i just called them and offered them 40% this time, they countered and said they'd take 50, i said 45, they agreed!
I was dumbfounded by it all but i sent them their 45% in a HURRY and got all my PIF letters and they also vacated the judgement so by next month it should be off my credit report also.
I'm still amazed by all of this.... Could have been settled many years sooner. But also goes to show u, how little they buy these debts for as i'm SURE they still made money off of it.
I also agree, they don't validate but i'd send one anyway as it may be helpful in court!
Good luck,
Ang


lrhall41

Submitted by Ang on Tue, 12/04/2007 - 14:24

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Ok maybe i forgot a few details in the story guest! When i went to court for my assest, i had NONE. I am paid in cash with no way to trace it and my house, cars and IRA's are in hubby's name. Our savings acct is also in his name and some of it was inheritance which is NOT community property so that might have been a big part of it.... they either took the money or take the chance of getting none, but have a judgement that they cna't collect on.
Hope this helps a littel more,
Ang


lrhall41

Submitted by Ang on Tue, 12/04/2007 - 14:33

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after filing an answer ALWAYS!!!! Never allow the plaintiff to have the upper hand. They assume you are frightened by requesting a settlement after service. File an answer, make an offer then when they decline and say we are suing you, then tell them I make $8.00 per hr. so Garnish my wages, You will get $32.50 for the next 50 years and I will be sure to cut my hours to part time and get a job off the books with my brother or uncle and I have paypal so I could still have the luxury of a debit card. Be sure to tell them to have a nice day!! :roll:

You are guaranteed an offer in writing within 5 days. Do not allow these idiots to gain control of your livlihood or dictate how you live your days. The objective is to convince your opponent they are barking up the wrong tree. They are banking on hitting up your bank account on payday or the end of month when bills are due. Empty your bank accounts and close them. Fax them the letter from your bank confirming your accounts are closed with a smiley face on your cover letter. They will be at your mercy. Turn the tables.


lrhall41

Submitted by on Wed, 12/05/2007 - 01:48

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