I have a court date on the 28th of this month for an outstanding debt to Discover Card that has been turned over to an attorney. I got involved with a credit counseling company but probably a little late. They have been giving the lawyer $100 a month from my account. With the $500 I've already given them, plus all the overtime I've worked and a bonus this year right before my court date, I think I will have enough to pay in full (around $3,500)!!! Hooray!....my question, however, is (since the Credit Counselors have not been too helpful as to what to do in court) should I contact the Lawyer and let him know I can pay before the court date? Will this avoid additional court fees?? Should I handle this through the credit counselors? I am a little intimidated by the whole court thing. Please help advise me.
Its good to have the money set aside. I think any judge will make you and the attorney try to reach a settlement out of court. I'm sure at that time you can settle out of court for less then the full ammount. Offer half. Heck, you could probably call them now and settle for half. Do you have any defenses such as SOL, violations etc? Good luck. brian
Call the attorney and make an offer of 35%. Pause. Don't say *anything*. Let the attorney talk. If they say, can't do it, but I'll take 40%....you still win. Generally speaking, a compromise of 50% is a great deal but get all the details in writing prior to handing over a check. That includes *reporting*.
Yes, make sure to get everything in writing. Be sure to include that the rest of the debt, what you didn't pay must not be sold etc in the future. You might even want to call the OC, or JDB, whoever hired the attorney and make the offer. The worst they can do is refer you to the attorney. But if you get someone high up on the food chain they will realize they have the chance to avoid thousands of dollars in court costs, they will probably take it.
Thanks for your input. I'm still afraid the lawyer won't budge however. Someone from the Lawyers office asked the Credit Counselours at one point to get from me my pay stubb information. They forwarded this to the lawyer. When I asked for an update from the CCs they said they were having a hard time receiving any information from the lawyer. They wouldn't return phone calls, etc. Finally the CC lady got a hold of someone and told her she had faxed over all my pay stubb information. The lawyer rep acted shocked and asked why they would do that? I guess the way the CC rep explained it, it sounded like the lawyer had everything he needed to proceed with garnishment and I had more than enough money to pay this way (which I don't, they only look at gross income). I'm afraid the credit counselors haven't done that much in my favor. Discover Card is ruthless with collections or the lawyers they hire. Any more advise before I make the call to the lawyer?
