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  1. 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 se
  2. 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
  3. 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 ha
  4. 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.
  5. 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 lawsu
  6. 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?
  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 . M
  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
  13. 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?
  14. 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 w
  15. 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
  16. 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?
  17. 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 t
  18. 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 charge
  19. 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
  20. 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.
  21. 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
  22. 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 m
  23. 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 bein
  24. 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 bankruptc
  25. - Hello, I'm new to this forum but I'm very impressed how helpful everyone is. I'm hoping I can get some advice from some of the experts here. As a real estate agent, I ran into trouble in 2008-2009 and had to give up paying on some credit cards to take care of other family needs. One of those credit cards, a Disover Card, got a summary judgment against me on 7/6/11 for the principal of $9165.78 as well as the filing fee of $230, the service of process for $79.50, the ex-parte of $30 and the attorney's fee of $500 for a total of $10,005.28 and interest accrueing at 12% per annum. They