It means skip tracing and the comment means they are trying to find out other phone numbers and addresses, but this does not mean they are trying to do so. If the OC still owns the debt, you do not have as much leverage as they have your account files. JDB's you can pay off a lot cheaper. However if the OC thinks even with a judgement he can't get much from you now or in the near future then they will settle either a one time lump sum or time payment plan. I prefer the one time thingie as this way it is a done deal. if you decide to call the CA then start low and get everything in writing. They will want to FAX so it would be good if you had the number of a nearby business that does FAX so you can pick it up. Then you ill write up a letter, there are several samples around, and you will also want to get a stipulation of dismissal for the court date as well. Then it is all over. Oh and yo can always ask for delete, and maybe they may do it. : ) Woofer
Well--this is where I stand as of this am. This account may or may not be owned by OC. It could be that the debt collector owns it and the CR has not been updated. I know I'm green yet I am going to try to negotiate a settlement next week--have to get my feet wet. I know many of you reading this have negotiated settlements--anything you want to pass onto me about negotiating? Obviously, there is no formula to follow but perhaps you have some handy tips? Observations? Thoughts? Second question-I found it frustrating to not be able to pinpoint who owns this debt. I did find the firm that is asking for an award listed in one of the stickys as a firm that purchases bad debt. Not declaring clearly who owns the debt on the CR seems a handy way for DC's to keep the peeps in the dark and somewhat limits how one might go about defening themselves. I am curious, does anyone out there know of way to find out this information if it is not clear on a credit report? Woofer--when you say you ask for a delete--do you mean a deletion from CR? Could you say more about that? Basically asking for an explanation of a "delete." Last question--who are these people who collect debt--I mean do they handle thousands of cases like mine? Do they put a lot of time into each case? How prep'd is this DC/ attorney going to be? I've read a lot of posts here that indicate that DC's want to settle--but is that really true?
Tell the not much as it will be used against you then or in the future if they are creditors again. Do not give them a check or money order from your own bank. Do not make it easy for them to find out anymore about you. It is probably now owned by the JDB you looked up. This is a good thing as they are bottom feeders and will settle for less as they do not like going to court unless it is just to get a default when the person does not show up. You know you can also answer and do a motion to bar the arbitration award. Don't think it will help but you have nothing to lose, and you may have more leverage. It all depends on if you are a gambler and how much time you want to spend. Of course there are court costs and lawyers fees you would have to pay if you lose. : ( As for the pay for delete, you get something in writing that for XXXX you will remove the tradeline. I have never had any luck getting a delete this way, so hopefully the experienced at this will chime in : ) Yes as to how many cases handled and in the years I have been dealing with this ilk NOT one was prepped and or had and good paperwork. In fact someday do a search on my posts and you will see how inept the lawyers are. You see they usually are not even working for the JDB's as it is a pool lawyer thingie, and they get paid to just go before the judge and 99 percent of people do not go to court so al they do is get a default. All the times I have gone I am the only one there that wins, and if there are others from the same JDB they are so abused as they know nothing they lose. Consumers who are sued by JDB's are easy marks. The judges also do not know that much about consumer laws, as FEDERAL are the laws mostly. Bottom line if they can't intimidate you and you are not an easy target and you have some leverage, are there to fight, then they will either go off with their tail between their legs, or be very anxious to settle and then move on to another mark that is much easier. They want to get as many defaults as possible,as easy as possible. It all depends .If it were not an award from NAF I would say go to court, as you have a great chance of winning. Unfortunately like I have said before NAF award is very hard to appeal. AND if you lose you will have a lot more money put on that award. Others may think not. Hope we here from them. Woofer
Ok--let me see if I understand. Let's say the Lawyer/JBD are willing to settle. Don't send them a check???? I kind of assumed that I would. Should I get a cashier's check? Also--would I, along with the check, send them a letter saying that as per our conversation, cashing this check releases me from debt to XXX and they have agreed to drop the quest for an award? Do I need to specifically request that they remove the court proceedings. I'd hate to settle with them and then find that they have proceeded to court. I'll check the form lettters and see what's there as well.
YES AND NOT FROM A BANK OU DO BUSINESS WITH. ALSO ON THIS CHECK ALL INFO AS TO ACCOUNT NUMBER AND CREDITOR NAME. You would fax a letter to them to agree to yada yada in full in return you will send the cashiers check along. All this can be done in a FAX so this is why you should be at the nearest FAX center so you canget everything done AFAP. They may though send in email if time line is not a problem. You also have to sign a stip of dismissal for the court.; They get NOTHING from you until you get a signed off agreement and a stip of dismissal that you would bring to the court. You also want not a copy BUT the original documents of such. Woofer
OK-- The order of this is 1. Reach settlement 2. I will send them an agreement to sign along with a request for a stip of dismissal ( fax is ok for the stip of dismissal ?) 3. Once I receive these documents, I sign and return to them with $. 4. Go to courthouse and file signed stip of dismissal . Correct?
I went to court once over a judgement thinking that was all I was required to do. It was way before I started reading these boards, when I was totally dumb to all of this stuff. The other guys had all their stuff in order and well prepared. They even had a wittness to put on the stand. (when it was my time to get on the stand, the judge just had me sworn in right where I was sitting and i could speak from there. I thought that was rude and humiliating. I had no idea you had to answer a letter to the court before hand. i thought all I had to do was show up and plea my case! Wrong. I left in tears. The judge was so rude and mean. Everytime I started to say something, before I even got it half way out of my mouth he would intererupt me and say hatefully "you should have hired a lawyer" This happened numerous times and I was beside myself. So finally I just shut up and of course the other side was awarded their judgement on me. I never did even get to tell my side for the judge saying :you should have got a lawyer!" This was a hard lesson well learned for me! I was so flaberghasted when it was over, I just got up and left. Didn't look anyone of them in the eye and didn't look back , just walked out the door, I know there was probobly paperwork I needed to get but I just kept on walking! Then when I got to my car I bawled my eyes out! Stupidly, I thought I was going in there to come out a winner. I couldn't see how any judge in their right mind would side with the CA after I Had had my say. The problem was, I never got my say! Then of course a few weeks later I start getting phone calls and mail on how I intend to handle this debt. So for I've ignorned them as I don't have money to settle.p and if they would take payment plans, the most I could pay a month is $25 so I'm sure that will be a good laugh of the day for them. I am smart enough to realize I must do something soon or the original judgement will escalate beyoud the point of ever being able to pay it off. (or is there a way to stop the dad-gum escalation of fees?) Started out at $3200 and now is at a grand total of $7900. Plus, I don't even have one iota of material from the program I borowwed the money for. I changed my mind, sent the stuff back and they stll said I owed because of a 'loophole' that said I had a whole 3 days to change my mind. I have half a mind (which is about all I have left after this ordeal) to say I'll pay them but I want each and every book, piece of material, etc. I should have received to account for this debt. I know it's hopeless and certainly discouraging but I'm trying to trudge on! Again, I'm sorry for this hijack. It just kind of fell into place with my current problem and felt good to finally vent!
It's not uncommon to speak from where you are sitting as you are pro se, acting as witness and lawyer at the same time. I would think there would be more stress for you to go to the box. But everyone is different. It's probably a good idea to give the judge some well thought out reading material before going before him. In small claims this is unusual, and there's no way you can know how he'll react, but at least if you write things out, you can use that in your appeal.
In my case, the award has not been rendered yet. When I went to the court house last week, the clerk said I will be meeting in the judges chambers and the lawyer will attend telephonically , as per the notification I received.
I do wonder if making an attempt to settle is any sort of defense? I ask because if there have been repeated, documented attempts to settle and say, the CA/lawyer resists, repeatedly, would this demonstrate any sort of "good faith" on the defendant's part vs. "bad faith" on the plaintiff's part?
Isn't this CA local? Wonder if an objection could be made to he fact this lawyer wants to do this via phone. ? Woofer
A am pretty sure you're willing to settle is not any defense. Judges do like to have suits settled so court is not jammed up. The fact that you are going to be in chamber are you going to have a magistrate ? Woofer
No, it is a District Judge. Probably they don't have a phone in the courtroom I seem to remember, when I was on jury duty a few years back, that it was a BIG DEAL to run a very long line into the courtroom--perhaps the reason is ease---not having to have a very loooooooong line going to the court room. Don't really know why it is in chambers--maybe the clerk was wrong? So--is there a chance that if the CA won't settle with me prior to the hearing that the judge might help a settlement along? That is, might the Judge be receptive to hammering out a settlement in court?
All my court cases, before going before the judge you had to go out to the hall and try to settle, when you couldn't you went before the judge. I never settled and always wanted to see the judge : ) However you have an award going to be affirmed. I don't think they are going to want to deal once they are in court. You never know though. I htnk you have to decide which is the way to go for you like I have said before. Why not call them up and start the negotiating and see what happens? You may be pleasantly surprised how they want to settle and for a lot lower than the award. You have a few weeks before court, right? Go for it! Woofer
Yes, I do have a few weeks before court and this next week I will be calling to see if a settlement can be ironed out. I will be back to let you all know what happens. Thank you so much!
Good Luck and if you need any help let us know. You should though start thinking about doing something THIS week especially because you are not near a FAX. Hannah
I was getting ready to call the collection atty this am when an interesting thing happened today-- I was served. Contrary to what I thought might happen, I did not melt into a puddle, die of shame or burst into tears. It was not as horrible as I thought. First time for me. Not really scary either--mostly because of this board and the creativity and strength the members exhibit All the papers served to me are ones that I had received in the mail prior to today. What was attached that was new was a page entitled "Please Note" it reads: "If you owe money and would like to arrange to pay the debt, please call our office prior to the court date. This may avoid the necessity of you appearing in court. The telephone number is xxxxxxxx and ask to speak to a collector. This is an attempt to collect a debt and any information obtained shall be used for that purpose. This communication is from a debt collector." The names listed at the bottom of the page are the NM in -state atty's and a Law firm in CO. that sent me a collection letter many months ago. I happened to be doing a little research on the collection agency from CO and found that they were advertising for Collection agents- ($12 an hour/ eating establishments with in walking distance to their call center & great bennies) This is the first time the CO firm is attached to this case--they do not appear on the court documents--only on the notice tacked on to the served papers. So-- MY BIG QUESTION: Do I call the atty office listed on the court papers and try to settle OR do I call the call center and ask for a "collector" and try to settle? If anyone out there has experienced this please post. Who would have the most "power" to wheel and deal? Lawyer or Collector? Would both be the same? One better to deal with than the other? I'm trying to figure out if this is like buying a car--what I mean to say, is this similar to when you go into a dealership and find a car, then begins the dance of the salesman going back to a "manager" to get approval and then getting back to you etc.? If I do work with this large call center, I wonder how they will handle my request for a Stip of dismissal & request settlement papers I plan on asking them to sign. Perhaps they are quite experienced with this. No $$$ to them unless they sign stip of dismissal and Settlement agreement--right? Please do let me know your thoughts on this.
