Newbie- Received Summons.

Discussion in 'Credit Talk' started by Schloomo, Jan 11, 2004.

  1. hoapres

    hoapres Well-Known Member

    Handling a collection lawsuit

    Given the caveat that the advice is from a non-attorney and free - ( hopefully, worth more than you paid for it! ) - here is what I recommend :

    1. File an answer and apply for a fee waiver. Be prepared to pay the fee in a couple of weeks should the court deny your request.

    2. Read the books that I previously suggested.

    3. Make sure you read the local court rules. You should have a case management conference date stamped on the summons which you have to attend.

    4. Be aware that judges look at these collection cases as "cut and dried", If cap 1 has the records then you are probably going to lose.

    5. Avoiding a judgment is a good idea, the judgment will last 7 years from the date it was entered on your credit report and is valid for 10 years and can be renewed.
     
  2. lbrown59

    lbrown59 Well-Known Member

    Handling a collection lawsuit

    4. Be aware that judges look at these collection cases as "cut and dried", If cap 1 has the records then you are probably going to lose.
    hoapres
    ===========
    Even if they're made up or falsified?

    Judges look at these collection cases as "cut and dried" : So what's the point of even answering the summons or going to court then.?????????

    Since the judge has already tried and convicted you as soon as the court gets the case why pay an answer fee and waist your time appearing in court.?????


    ..
     
  3. Schloomo

    Schloomo New Member

    Handling a collection lawsuit

    I would like to thank everyone for helping us deal w/this situation.

    We received our validation letter back from the Atty. W/proof. We knew we would not win going to court with proof. Even w/o the proof we felt we were not going to win.

    We negotiated w/the attorney from $1983.38 down to $1200.00. We also requested he delete ALL remarks from our credit reports. He accepted. We have everything in writing.

    Iâ??m not sure if we handled it correctly, but itâ??s over.


    Thanks again for all the help.
     
  4. pnwman

    pnwman Well-Known Member

    Handling a collection lawsuit

    Any resolution that YOU are satisfied with is a great success. I was in a similiar situation although the proof they could come up with was not complete. I ended up settling for a very small amount after I made it clear they would be going to court many times to carry it through. The attorney failed to provide the settlement agreement that met our agreed upon terms. At that point they dropped it and moved on. Like you, I think not going to court is worth negotiating for. Congrats!
     

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