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Greetings all! Here is my new case - yay me! I've been doing research on the difference between a verified and non-verified complaint and if I understand things correctly, in California I am allowed to answer using the General Denial because the Complaint is from the actual creditor and it is under $25k. Please let me know if I have misunderstood things or if anything I do needs to be different because it is a verified complaint. Also from what I could dig up online, there is an arbitration clause electing AAA - with wording about Barclay covering the fees. Besides sending out the BOP and filing the Answer/POS, what suggestions do you all have on moving forward with this case? Anyone out there who has dealt with this lawfirm before? My other case is a JDB so this seems a bit more scary! Thanks in advance all! Who is the named plaintiff in the suit? Barclays Bank Delaware What is the name of the law firm handling the suit? Nelson & Kennard - Sacramento How much are you being sued for? Under $10k Who is the original creditor? Barclays Bank Delaware How do you know you are being sued? Served How were you served? In person Was the service legal as required by your state? Yes What was your correspondence (if any) with the people suing you before you think you were being sued? None that I recall What state and county do you live in? Riverside, CA. When is the last time you paid on this account? According to the Complaint August 2018 What is the SOL on the debt? 4 years What is the status of your case? Complaint filed - service made but not recorded yet. I have not answered yet. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No Did you request debt validation before the suit was filed? No How long do you have to respond to the suit? 30 days What evidence did they send with the summons? None. The only attachments were the Verification from the Attorney and generic court docs about the ADR process.
I have two medical accounts with the same hospital, one from 2009 and the other from 2010. I have already DV'd both accounts and they came back verified. My problem now is how to go about settling both accounts. The largest of the two accounts has a current past due amount of $7200 with an original balance of $5000 which they tacked on $1200 in interest. Originally I was planning on sending a settlement letter to Progressive management, the CA, however I chose to call them instead and see if I could settle with them for a lower amount via phone. They did inform me that they were in fact NOT the owners of the debt and that the hospital was still the OC. They were not very willing to work with me on the debt at all and only willing to negotiate a small portion of the interest they had tacked on. I didn't argue with them, or even make an offer on what I was willing to pay as I did not want to stir up to much trouble until I was prepared to settle completely. I decided I would call the OC and upon doing so I have now found out that the hospital does not keep any records of their debt after a certain number of years and referred me back to the CA. Now I'm not really sure where to go from here. Do I send a settlement letter to the CA offering a lower settlement, or do I somehow try to settle with the OC? It was my understanding that most CA's would generally be a little more forgiving when working with medical debt, however this does not seem to be the case. I can only afford to pay a small percentage of the original debt, but I'm not sure how I can make that happen. Any insight would be appreciated! Thanks!, Josh