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Court Summons

Date: Fri, 11/19/2010 - 15:09

Submitted by Imperator
on Fri, 11/19/2010 - 15:09

Posts: 9 Credits: [Donate]

Total Replies: 6


My mother has recently received a court summons for January 13th, 2011. She's being sued by a local law firm for the amount of $726 plus $67 interest accrued in the past months and $125 for lawyer fees.
The creditor is HSBC and she's been behind for about 6 months now.

We're working with a settlement company and they've left messages but the law firm hasn't returned the calls.

To be honest, I'm very upset because she's being sued for such a little amount and we could easily work out an agreement. They're probably expecting us not to show up in court so they can win automatically. So I'm about to send them a strong worded letter informing them that she's been out of work for the past 8 months but I can try to help her out and if they are still not willing to work out a settlement then we will show up in court. This is how I'm ending the letter:

"We are interested in listening to your offer, please contact me at 555-******** only once to try to work out an agreement, preferably between the hours of 5-6 pm on a weekday. You can also contact our representative at 1-800*****, ext. ***.
If we don’t hear from you in fifteen days from the date of this letter, I will call you at telephone number (law firm phone#). If we still don’t hear from you by then, you’ve made very clear your unwillingness to work this out and we’ll be more than happy to bring our case to a judge in court on January 13th, 2011."

What do you guys think? Am I going about the right way in doing this? I will really like to avoid going to court but if we have to, we will.


Your debt settlement company wont get involved...that is not their job. You will negotiate the settlement. You will need to call them....you are really not in a position to be setting terms at this point. They will show up in court and they will get their judgment....you need to be more proactive....telling them to call you at a specific time aint going to cut it.


lrhall41

Submitted by SOAPLADY on Fri, 11/19/2010 - 19:26

( Posts: 17315 | Credits: )


I'm thinking about contacting them, but why do you think they will get their judgement that automatically? My mother hasn't worked in years and she has no possessions to her name other than a car. Do you think a judge will hand such a big credit card company $720 when they can easily do without it? I think I can win this one, any opinions?


lrhall41

Submitted by Imperator on Sat, 11/20/2010 - 11:04

( Posts: 9 | Credits: )


For starters, quit wasting your money on a debt settlement company.....you can easily do it yourself.

Contact the attorney handling the case and see if you can work out a payment plan. They will still probably proceed with the judgment but you can request a contingency judgment.....you keep making the payments and they wont take further action.


lrhall41

Submitted by SOAPLADY on Sun, 11/21/2010 - 05:35

( Posts: 17315 | Credits: )


Unfortunately, I already have the debt settlement company under contract, I kinda wish I would've done more research before getting myself involved with them. So I'm in a way stuck with them.

What's a contingency judgement? Will they be willing to work out a payment plan or settlement? How much should I offer on a balance of around $800?


lrhall41

Submitted by Imperator on Sun, 11/21/2010 - 14:17

( Posts: 9 | Credits: )