To recap: Was served with papers (but no case #) in March for old credit card debt. CA has a printed cc statement. No signature on original contract. No proof of assignment of debt-- they have a blank piece of paper with a signature, but not on letterhead and no printed name or contact info. I questioned and they said NO ONE ever has that. They told me to call the OC myself if I wanted proof of assignment but they don't know their phone number. Anyway, after I sent them an answer to their summons, the opposing counsel contacted third parties discussing the case by email! I have it all in writing. I saw an attorney and she called this attorney and he was saying frankly bizarre things about me that he found through Google, plus of course baldfaced lies. Totally inappropriate. I just want this to go away. I offered to settle for one-seventh of the debt. The opposing attorney told me today that the OC rejects that offer and that if I don't settle for two-thirds of the debt he's filing a summary judgment against me in a few weeks. Should I revise my answer and include the huge number of RCW violations (an attorney suggested this to me)? Should I file a motion for summary judgment first? or should I revise my answer and send it to the attorney and work out a smaller settlement? I do want to settle so this heinous person is gone from my life. I'm told even by naca attorneys that courts side with collection agencies most of the time, so I don't think I can win in court. Thanks!
i can tell you your friend is right, the courts do side with the collection agencies. to buy more time, you can file your answer, show up at the court on the date, and take it to trial. Judge will ask you if you owe the money, you say no, i want to take it to trial. As someone who is trying to clean their credit, and has a couple judgements, i can honestly say, knowing what i know now.. I would try to settle it before you get the judgement. You can take it to trial, but if your going up against a lawyer, you will probably lose. a judgment will be stuck on your credit report for 7 years, aint never coming off. its easier to deal with it before its a problem.
