Greetings from the Great Republic of Texas! Been doing some searching about how to go about paying a settlement. The search basically led me onto these forums.
Onto the main part. I pretty much negotiated a settlement (Lump sum) with a judgment collections agnecy, got it in writing, read over it and decided it was legit/what We discussed, sent it back signed, they confirmed they received it, got them to send me a copy of it just to make sure, and now I’m wondering how I should go about paying the collection agency. Check, debit card, money order, prepaid debit, certified mail?
Hopefully y’all have some insight on what way I should approach the situation.
I am starting to think my best bet right now would be to file failure to serve and get her response (that has her counterclaim of 22k) thrown out all the way? She did not serve me the documents. I assumed when aaa finally stepped in and sent them to me because she wouldn’t respond to my emails and asked if I still had 14 days to respond, that that meant they had been served. Then essentially starting at square one again? Since it was a preliminary hearing, my objections were never settled on, so really that 22k is still in with her counterclaim. as of right now both are in there, the 22k and the 3k because the preliminary hearing ended and she doesn’t have to “ask” to add it, right. Then the burden is not on me to get the 22k out, the burden falls on her to fight to get it in. And honestly the serving thing just occurred to me because when aaa finally sent them because jdb wouldn’t, aaa still gave me my 14 days to respond. But that didn’t benefit me at all because the arbitrator was there for a preliminary hearing, not an objection, which means the 22k IS in there and I would have to fight to get it out. I apologize if someone mentioned this previously
No. As of right now she still thinks this is the 22k account in this claim and my claim is frivolous. The confusion arises too because this phone hearing wasn’t prompted by my objections. This was simply the initial conference hearing that was already scheduled. I didn’t get her “response/counterclaim” until one week before our conference hearing but hurried and filed my written objection and file/served them. So the arbitrator was there just for the initial conference hearing. He wasn’t looking into documents or anything, strictly to conduct the initial conference hearing. Then he asked is there are any issues or anything, which is when I brought started pointing out the problems and she started going off. So now is when I write a brief on my claim. Calling a phone conference right now will NOT clear it up. She was 100% certain THIS is the 22k and I am wrong and lying 🤷♀️ At this point I did make a point to bring up the fact that she is combining two aaa cases into one and she kept saying no she isn’t. Despite me pointing out the evedence “she” submitted had documents clearing showing 2 different credit card account numbers. She just kept saying no I am not.🤷♀️
Realistically? You can expect judgment against you for the amount of the debt plus attorneys fees and court costs. And then interest on that judgment at 10% until it's paid.
The only reliable way to beat these cases is with arbitration.