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  1. Wife is being sued by BofA for 9K in California. Currently responding to "Requests for Admission", being sure not to admit to anything that would hurt her case. I have less than 10 days to finish that. There is already a court date scheduled for late June. My goal is to put up enough of a fight to be able to settle for less than owed. 50% I could pay in a lump sum. Just not sure if there's any way to gain any sort of leverage here. Not sure if filing a motion to compel arbitration is possible as there seems to be no arbitration clause in the credit card agreement. I'm also looking into asking for documents via Discovery but that also seems like a no go as this isn't a junk debt buyer but rather Bank of America themselves. With my goal in mind, what should be my next move? Any suggestions would be greatly appreciated as I'm at a loss for what to do next. I thank you for taking the time to read this. If there are any further details I can provide, please let me know.
  2. It's been about two weeks. I know they got the summons. They have yet to contact me and our court date is going to be in two weeks. The amount in question is less than $1000. My hope is a settlement featuring a deletion + payment for an FDCPA violation in exchange for dismissal with prejudice. Has anyone dealt with PRA in the past? How open are they to settlements?
  3. I want to settle a judgement after 4- years when I got it. They attached one of my banks but there were no funds in it so that account I cant do anything with- They just initiated a wage garnishment but its a part time gig and in California they are not going to get much. But I want to rid this thing once and for all. What is the best negotiation tactic to offer less than 50% of a about a 4K debt? Should I contact the debt buyer directly- the attorneys that are listed on the account for wage garnishment. Should I not phone call them or just send a letter certified to offer a settlement?
  4. I hired a lawyer to represent me and to try and have 2 small collection accounts owned by different collection companies removed from my credit report. Both of them I could pay in full if required and my intention are to negotiate the best deal that improves my credit score. One company has told my lawyer that they do not remove record of collection from the credit report, and the other has not responded to my lawyer yet. I am wondering which scenario would be a better option for my bank account and credit score which is in the mid 600's right now. 1) Ask my lawyer to negotiate harder for the removal of the collection based on full payment. 2) Negotiate a lower amount with those not willing to remove collection account from credit report. 3) Pay in full and accept the terms of the collection agency. I am not sure or experienced in how much a full payment vs lower payment would affect me with my credit and current scores. Also I am wondering if the contact initiated by my lawyer resets the report date and extend the time it remains on my credit report? Thanks in advance for any helpful advice you can give!
  5. My husband is being sued by for a target credit card issued by TD bank. TD bank is named as plaintiff. . I need advice with what to put as affirmative defenses on a general denial with the intention on settling for a lower amount. We have a week left to answer the summons.
  6. Capital One Bank (USA), N. A. Balance: $4,704.79 I was laid off back in 2007 and defaulted on my capital one credit card. I was not in a good headspace and never opened my mail as it was always bills and collection notices. At some point a judgment was ruled against me in 2010 for the Cap One debt that I was unaware of (being taken to court) until I just received this letter from Patenaude & Felix, A.P.C. FKA Bleier & Cox, A.P.C. dated 2/25/19 this past week (it went to an old address). It reads I have 14 days to accept their offer (reduced to 70% - $3,293.35). 1) do lawsuits show on credit reports? As I don't see it or anything under collections on my reports. 2) is this place legit? 3) now that there is a judgment against me, I need to handle this. Which honestly. I do want to as it was a debt I accrued at the time. But the amount of money is still a lot for me. Is this amount negotiable you think? I want to handle this personally and not wait to see what happens and next thing I know my accounts are drained and paycheck garnished.
  7. I’m settling a debt with a Bank. The lawyers for the bank state the Bank will agree to request with the CRAs to delete my trade line in exchange for me dropping a federal suit I have against the bank. However they say they are not guaranteeing the CRAs will delete the trade line when requested. Is this BS? Under FCRA for a consumer account aren’t the CRAs required to delete the account if the Bank requests so?
  8. Hi All, So I just found out that I have a default judgment (was never served) for a debt I've already paid about 7 years ago. At this point, I'd like to quickest and easiest way to proceed as I have proof that I've already paid my debt through a collection agency (thank God). What I'd really like to do is avoid having to take off from work and going to court. With that being said should I? A. Contact the creditor in writing with the proof of my paid debt? B. Go to court to formally vacate the judgment and fight it? Thanks in advance!
  9. Hello All, I'm an attorney in California and am looking for a little insight from you all. I am helping my uncle deal with a collections lawsuit and have a very specific question. We have filed an answer and served a bill of particulars on the plaintiff. Is it wise to send a follow-up letter asking inquiring about a settlement? If so, when? Anything that must be included/excluded from the letter? All advice is greatly appreciated. @calawyer @sadinca Regards, Sevanski
  10. Back in May I went to my hearing and met with a lawyer from Hunt & Henriques and agreed upon a settlement out in the hall, before the hearing began. I've made the first two payments and now I just received in the mail a NOTICE OF MOTION AND MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL, POINTS AND AUTHORITIES IN SUPPORT OF MOTION, Below is the case summary: Histories (Dates listed in descending order) 07/26/2017 NOTICE OF MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL , DECLARATION, AND POINTS AND AUTHORITIES IN SUPPORT THEREOF FILED. RECEIPT # 11707xxxxxx . MATTER SET FOR HEARING ON 09/21/17 AT 08:30A M, IN DEPT. F43 . 07/12/2017 MINUTE ORDER AND CLERK'S NOTICE OF RULING MAILED TO ALL PARTIES. CLERK'S CERTIFICATE OF SERVICE FILED. 07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. 07/11/2017 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM. 07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. 06/28/2017 CASE FILE FORWARDED TO JUDGES CHAMBERS RE: 07/11/17 CALENDAR 06/09/2017 NOTICE OF CONDITIONAL SETTLEMENT FILED BY (CAPITAL ONE BANK USA N.A.) . 05/15/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F43 , HON. RICK BROWN, JUDGE PRESIDING FOR COURT TRIAL. PLAINTIFF APPEARING BY ANTHONY DIPIERO, ESQ. DEFENDANT APPEARING IN PRO PER . SETTLEMENT REACHED. COURT TRIAL ORDERED OFF CALENDAR. MATTER SET FOR ORDER TO SHOW CAUSE HEARING ON 07/11/17 AT 08:30A M, IN DEPT. F43 . In the notice it states "...This dismissal was for failure to appear at the OSC. Plaintiff's counsel did not appear at the OSC because of a calendaring error." Did they screw up? Did I screw up? Did we both screw up??? Do I need to now go back to court AGAIN on Sept 21st? What would the suggested course of action be for me? Any advice is appreciated.
  11. Being sued in Oregon. (awaiting arbitration) Want to write a settlement letter to their hired attorney. I have no bank accounts, job (I lost my job because of medical issues), or possessions of value. A family member is will to give me money (about 20% to 50% of the claimed debt) to have this matter settled, but I don't know how to write this to a lawyer. Any tips would be appreciated. Thanks.
  12. Received 2 letters for 2 different Chase accounts that are a year past Charge Off offering a settlement. Their exact verbage... "We want to work with you to resolve your deliquent account, so we'd like to offer you a settlement. Your current account balance is $3200, however we'll accept payment of $320 to settle the account and stop further collection activities. You'll save $2900. You can accept this offer until 4/1/17." The 2nd letter stated the same with the balance for that account and the respective offer of 10% of balance to settle. Does this mean they will not sue or sell the balance owed if I agree to their offer? I am very surprised at how low Chase of all people are willing to accept. Anyone been successsful in getting them to delete the account once settled? I've been contacted by several CA on these 2 accounts since defaulting on payment when we filed for divorce 2 years ago. My former husband ended up losing his job a year ago so alimony was greatly reduced. I am supplementing expenses by dipping into retirement. That's where I would get the settlement payments for these accounts. With little income and only my homesteaded home, I would file BK, but for a law in NV barring guardians filing BK. Guardianship of my special needs adult child is more important than BK protection to me.
  13. Hello all, I have a dire situation that I have created through my gambling addiction. I have gotten help with my addiction and am clean for 85 days now. I have stopped most of my payments since November of 2016 and have therefore been able to negotiate these terms in the past 2 weeks, please review and any feedback on the negotiated rates or amounts is appreciated. Here is a summary of my debt: Creditor Name Current Balance Monthly Payment Notes Disover Card $2,333.33 $42.00 - Negotiated a 5 year payment plan @ .99% at $42.00 per month (was $65.00 a Month @ 23.24%) Chase Card 0872 $2,640.41 $53.00 - Negotiated a 5 year payment plan @ 6.00% at $53.00 per month (was $56.00 a month @ 15.24%) Chase Card 6214 $3,006.80 $60.00 - Negotiated a 5 year payment plan @ 6.00% at $60.00 per month (was $69.00 a month @ 18.24%) Care Credit $3,500.00 $90.00 - 0% interest for 18 months Paypal Credit $3,500.00 $100.00 - 0% interest for 12 months CitiCard 0534 $7,214.54 $123.00 - Negotiated a 5 year payment plan @ 0.00% at $123.00 per month (was $176.00 a month @ 28.99%) CitiCard 1857 $8,305.54 $141.00 - Negotiated a 5 year payment plan @ 0.00% at $141.00 per month (was $192.00 a month @ 28.24%) Bremer Bank $8,110.83 $155.00 - Negotiated a 5 year payment plan @ 4.90% at $155.00 per month (was $190.00 a month @ 24.24%) OneMain Financial $8,984.48 $157.51 - Negotiated a 6 months payment plan @ 14.28% at $157.51 (was $314.89 a month @ 21.94%) Wells Fargo $13,042.56 $339.28 - No Option to negotiate - Car Blue Book Value is $9,670.00 Lending Club $16,779.00 $804.53 - I have a settlement off of $12,812.53 (I have declined this offer - account is 80 days past due) Prosper $17,050.84 $641.25 - I have accepted a settlement off of $641.25 per month for 12 months ($7,695.00) or approx 45% settlement. Bank of America $25,552.67 $539.14 - No Option to negotiate - Truck Blue Book Value is $18,560.00 SoFi $33,810.86 $604.56 - No Option to negotiate - Terms are 10.88% for 72 months Freedom Mortgage $189,114.01 $1,414.92 - No Option to negotiate - House appraised at approx. $210k Total: $342,945.87 $6,636.81
  14. Guest


    Eight years ago, Advanta credit card debts were removed from my account after Advanta was dissolved by the FDIC. I still had a small business balance. A collection agency named Carson Smithfield sent me a letter last week saying that I was to pay them 20% of the amount due. Do they have an agreement with a defunct credit card company? I recently applied for a HELOC and Experian was consulted and they had a lot of inaccuracies on my credit report and I was denied. Now the dogs of Carson are on my tail. Any suggestions?
  15. I have been sued by one of my creditors, received summons, and I have retained legal counsel. The agency who owns the debt currently is willing to settle for $1500 less than what is owed. Quite frankly, I'm in a position where if I settle the account for what the agency is offering, I'm not saving much money after all legal fees and expenses, but the issue will be over and done with. If I litigate the case, is there a chance that the company will settle for a lesser amount, assuming they don't want to go to trial? If i decide to litigate, I will have to pay my lawyer $1,000 more, but I was also told that if this agency doesn't have there paperwork in order then there is a chance that I might not have to pay anything and it's possible the case could get dismissed. I guess my main question is that is it better to litigate the matter to potentially save more money, or just settle for slightly less than what is owed?
  16. Hello Everyone, I have (had) a business credit card with Wells Fargo a while back and always made my payments with them. Back in 2014 I was the victim of identity theft and in process of getting new accounts, monitoring credit, etc. I got really busy and got late on payments, but still made payments. Wells Fargo was very kind and decided to help me out by maximizing the APR and find new ways to add fees, etc. My due payment doubled. Since it was a business cc, they could apparently just do what they wanted. Talking to them didn't do anything and the hyenas kept on laughing, so I simply stopped making payments since I could not make them anyway and focused on fixing the harm to other accounts from identity theft. I didn't really hear from them that much, until lately, when they sent me a letter offering to settle for 20% of the debt ($25k debt reduced to $5K). It is very tempting. Any other time I would actually feel bad about not paying what I fully owe but I am unsure about what I should do to ensure that they do not report anything on my credit and don't find new creative ways to try to screw me again. I just want to be prepared so that I can put it behind and also not suffer further consequences. What should I do and get in writing when contacting them? How and how would I be able to negotiate a short payment plan? Are they willing to listen and work with me or are they simply all heartless and bloodless creatures aiming the earth in search of souls to torture? Thank you in advance for any tips and advices. Oliver
  17. I've been going back & forth with Wells Fargo and we are at a 35% settlement offer, has anyone experienced where if I offered to pay 100% of the debt that WFNNB would agree to a deletion of the entry similar to what I've heard has occurred with traditional collection agencies?
  18. Guest

    Settling Old Collections

    I have two old accounts in collections. They both fall off my report in 2018. I have sent each creditor a (hopeful) pay for delete letter, with no luck at all. I have accepted that these collections will remain on my account until 2018. Account #1 is $200 and Account #2 is $283. 1) Is it even worth it to pay off these debts, or should I just let them fall off in 2018? I know it won't boost my score at all, but I assume it looks better if I have no open collections. If I do pay them off to have them listed as "closed or paid" collections, I would like to settle these old debts for a portion of the cost (starting negotiations with 25% of each debt, willing to pay up to 50% if necessary. ) 3) What the best way to do this is? Do I call and negotiate a settlement with the creditor and then get the agreement in writing? Or do I send a letter with a proposed settlement amount and see if they respond? Or should I send a debt validation letter first? 4) If I call to try and negotiate and they refuse to take anything other than the full amount, because I have made contact, does this restart the 7 year process of the collections coming off of my account? 5) Is there any advice about getting these collections (once paid, ideally only partially, but worst-case paid in full) removed from my report at all, or since the pay for delete didn't work, am I stuck with these until 2018? 6)If I request a goodwill adjustment due to extenuating circumstances, am I able to negotiate that while only paying part of the original amount, or if I want to attempt to remove this collection entirely, should I anticipate paying the full amount owed. Thank you for any help, advice, or experiences!
  19. I went through this credit repair journey with success, mostly thanks to this board. I bought a home a year and a half ago! Last month, a new collection appeared on my credit report. My former landlord kept my deposit of $950, charged me another $1600 for damages, and sent me to collections. I didn't get notice of the debt, from either the landlord or the collection agency. The landlord may have sent me certified mail, but when I bought the home, I wasn't living there and never picked up the letter from the post office (my bad). So the landlord's charges are bogus. I can't definitely prove it, but I CAN prove she is charging me for at least some damage from the previous tenants. She offered to lower the charges by $300, making it $1300. While I could pay, I don't feel like I owe this. So.....I want this off my credit. I am willing to pay her 40percent just to get this off my report, even though it is bogus. I believe if we went to court, it could go either way, depending on who the judge believes (but no way it would go completely in her favor, I could probably argue/present evidence to make a LOT go away.) Please help me consider options: 1. Pay the collection, sue the landlord (that way, she couldn't countersue me and make me end up with a judgement). 2. Send her a pay-for-delete (or pulling back from collections). I would offer to pay 40 percent in order to have her pull this from collections and make it go away. She said that if anything is collected, she only gets 40 percent anyway. 3. ??? I'm leaning for option 2 and haven't been able to find a sample letter that fits. Please help!
  20. Sued by Cap One and just realized the summons was served on 03/02, so I am actually going to be 2 days late if I do answer. I'm thinking I should settle, however. Representing law firm is a debt collector, but I called and asked them to confirm whether Capital One still owned the debt and they said yes. They are representing them, is all. The amount they allege is 1,879. The amount they'll settle is 1,695. I could not remotely come up with that amount, but they will take 50/month and send the agreement to the judge. My income is INSANELY low, so I don't know how a summary judgment would work w/ garnishment, or how long it would take to go into effect. I'm guessing I'll have to bite the bullet on this one and pay the 50 bucks, knowing that Capital One won't remove it from my credit report and it likely won't do any good. My thought is that it would at least be less than a garnishment. Anyone have any suggestions? The supporting docs were a statement and the card agreement. I saw a lengthy answer from another board member that i have considered filing, which essentially says there isn't enough evidence, signature on contracts, record of amounts, etc. I don't know if that's a good way to go, but i'm already late filing, anyway. I just want to be sure I take the best approach. I am trying to avoid bk, and all of the other debts I've got are being handled by jdb firms (except one other Cap One account). Discover already dropped their suit because of the MTC arbitration, so I am hoping that will work with the other creditors. My debts are generally under 2K (2014 was a horrible year and I just couldn't afford minimum pmts anymore, and credit rating was so low anyway bc I was maxed out). Anyway, I feel like I keep coming here and bugging the crap out of you guys, but it seems like all kinds of new stuff keeps coming up that throws a wrench into my plans, so if anyone could take just a moment to let me know whether I should just start making payments, that would be really helpful. Thanks again for all your help
  21. Anyone have any tips on post judgment settlement with PRA? I have a default judgment that I am trying to settle and looking for advice.
  22. Hello, First off, thanks for checking out my post. I am being sued by Patenaude & Felix for a National Collegiate Loan. This is the first of two loans they have on me, so I suspect the second one is coming. So far, they have filed the suit on the first loan, but I have not been served yet. The suit is in California. My co-signer is being sued along with me. I qualify for the court fee waiver, but the co-signer does not. Can I singlehandedly file answers, motions, etc. or do both parties have to (so that the co-signer would have to pay filing fees)? A local attorney thinks we can settle for $0.50 on the $1 and spread out the payments for possibly 20 years (best case scenario). That would be great, but I don’t know if I will be able to hire them (do not have the fees). Could I get a settlement like that by myself or is a deal like that usually only available when you use an attorney (maybe they fear the attorney or maybe the attorney has settlement prowess that I don’t)? Should I try and call and see if I can get a settlement offer or would that be detrimental for my situation? Any help would be beneficial and thanks again.
  23. I entered into a conditional settlement agreement in Los Angeles County for a smaller amount than I was sued for. Basically, if I make payments as agreed, they dismiss with prejudice. If I don't, they can then apply for a judgment in the full amount. Plaintiff filed the Notice of Conditional Settlement back in July and the case was put off calendar and I've made two payments since, but when I check online the actual settlement agreement itself still has not been filed. Question 1) Should I be concerned about this? I have an executed fax copy on pleading paper so I suppose I could file it myself, but maybe these things are not filed or something. Maybe only the notice of settlement is filed. My second question relates to the fact that I have been in negotiations on a second case with the same JBD but a different attorney. I used the first agreement as a guide and we have agreed to a reduced amount and payment schedule as a conditional settlement, but they are insisting I also sign a stipulated judgment for the full amount, which will be "held in trust" and not filed as long as I make payments as agreed. I have refused since the same JDB accepted the other settlement without that requirement and I don't want an actual judgment out there, filed or not. When the second attorney claimed the JDB would not agree "to something like that", I told them that I knew for a fact they had and sent them a redacted copy of the conditional settlement agreement without telling them it was my case. The lawyer responded that he wants a non-redacted copy. Question 2) Is there a downside to this? As I mentioned above, the first settlement agreement resolved the other case but has not been been filed, so I would just be showing them a fully executed copy. The second lawyer already filed a Notice of Conditional Settlement, which put the second case off calendar, which leads to my last question: Question 3) If the negotiations fall apart, how quickly will they be able to get back on the active calendar? We were already 20 days from trial and had exchanged discovery. Thanks in advance for any expertise/advice in this matter.
  24. Hi everyone, I did a search on the forums and was unable to find a scenario like mine. If there is one and I missed it, I apologize in advance for overlooking that. When it comes to my question, it originates from a medical debt collection started in 2011 that, as far as I know, came from me breaking my hand in 2010 and being of legal age. Although I signed all of the medical documents, my parents were going to pay the medical bill as I did not have income to pay for it because I was a full-time student. With that said, my parents accidentally stopped paying the debt (I believe it was being paid for on a charge card and they received new cards), and it eventually ended up on my credit report, resulting in around $1600-$1700 in debt. So, why am I worried about it now that it is almost 2.5 years away from being removed from my credit report? It is because I have a flawless credit history outside of this collection and I honestly want to correct this "mistake" so I can continue on with having my "perfect" credit history. Now that I am graduating college and am possibly looking at moving out soon, I want to be able to have a clean-slate and not run into any issues with my credit history. I am also looking at applying for another credit card or two as my credit score is slightly above 700. Now my question to you friendly folks is this, I have read about settling and seriously pursuing the "pay for delete" route because that is the best case scenario for me, but where do I start?. I have the money to offer a sizable settlement amount, but I do want to try to settle for as low as possible as I know they buy the loan from doctors for pennies on the dollar. As a side note, this debt is still owned by the original CA that filed the delinquency back in 2011. Do I send a letter of validation even though I believe the debt is accurate and all of the notes match up with the original source of debt (the hospital)? If I do and I receive confirmation, do I offer 20% of the debt and work my way up from there? Do I run the risk of having them "reset" the SOL if I try to settle for a pay for delete? I am very serious about getting this removed, and am willing to spend generously if that's what it takes, but I'd rather start low and work my way up from there. This was what I was thinking about saying when I call them, "Hi, “name" I was hoping to be able to speak with someone about being able to settle a collection on my credit report. I inherited debt that I did not know was not being paid, and am hoping to be able to make it right and come to an agreement. As a result of this agreement, I am hoping that we can also agree that this will be a pay for delete settlement and you will contact the credit agencies to have this derogatory mark removed." If you made it through this post, I want to say thank you very much for your time and hope that you can provide me with any advice on how to approach this situation. Having this removed from my credit report would be absolutely amazing for me and my mental "well-being."
  25. I'm not sure where to turn, but I don't want to ask family/friends as I'm worried how I will look in their eyes. Seems I had too much of "keeping up with the Jones'" and now I am in debt up to my ears. My problem isn't that I can't pay my debt back, I am not even late and I pay on time every month. My problem is that it is now TOO MUCH in the fact that my whole paycheck goes to debt and I don't have any left over in the end for groceries for me and my 3 small children. I'm forced with 3 options, and I don't know which is better.. 1. Get help from a debt settlement company.2. File bankruptcy, if I fit into the guidelines.3. Contact all companies and request a reduced settlement. If that doesn't work, stop paying these debts, wait until collection agencies buy them. At that time, validate the debt and ask for settlements per confirmation. I'll be honest with you.. all 3 of these options scare the hell outta me as I'm a person who always pays her bills on the 1st, even if they aren't due until the 25th. I currently owe a total of about $19,720.80 to 20 different companies. Can you please give me some advice?? I don't know where to turn!! Thanks! Erin Nickel
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