I've remained silent about this out of fear that the attorneys might be smart enough to read this board... especially since I was dumb enough to post their name! We now have the settlement in hand, so I can talk. To refresh: When I found this board, we had already been served. Amt owed: $5,900. I had 10 or 15 days left to respond. And had no clue what to do! My goal at the time was to hold off the court case until I could pay when our house sold. I consulted with a friend who just happens to be a collection attorney. Instead of a filing a response we scheduled a demurrer hearing on the grounds that the contract was not included in the complaint. The demurrer hearing was scheduled for next friday. Important note: The attorneys offices are about 60 miles from the court they filed in! In scheduling the demurrer we were attempting to make it clear that they would be in the car a lot to get their money! Before we filed the demurrer the attorneys refused to settle for anything short of 120% of the balance to cover "attorneys fees." And I mean refused! There was no negotiating! The other day I sent them a settlement letter offering 100% of the balance (I owe it, so I want to pay it)... $5,900. They countered $300 higher! I accepted! They would not agree to full deletion. It will ber reported as a paid CO on my wife's credit. In the end, I'm very happy with the results. The demurrer hearing had two results: 1) It stalled the case as I needed. The house is due to close escrow in 10 days and we have no leins against it! 2) I suspect it caused the attorneys to have concern that they would have to go to court more times than it was worth, thus their demands went from apx. $7,400 to $6,200. Thanks again all!
It went past due in October 2002. Amex didn't sit on it long... handed it to Nationwide in December. When I C&D Nationwide they sent it off to the attorneys. I hadn't found this site yet when the attrneys contacted us, so I blew it and they filed suit.
