L Posted February 6, 2003 Report Share Posted February 6, 2003 If your receive a summons to court can you still settle before they issue a judgement? Also, I am having the same problem as others I called a CA and was told not to call anymore, now that I really really want to settle do you think I should call again or send it by mail? Do you think I should get a attorney the account is for $1300.00. Is it worth it? I am willing to pay the full and will have the money next week. Should I chance it and call again, they have already threatened me and said they are going to prep my account for a attorney. HELP!!! I was already nice on the phone and they apparently did not like my offer for a lot less money...Also, someone said it takes like 2 months to prep a account for a attorney, is that true???Help!!! [Edit by L on Thursday, February 6, 2003 @ 02:57 PM] Link to comment Share on other sites More sharing options...
LadynRed Posted February 6, 2003 Report Share Posted February 6, 2003 Yes, you can offer settlement out of court and avoid a judgment. You would generally be offered a settlement in court before you go boefore the judge as well. Stop using the phone and start writing letters. If you want to offer a settlement, do so in writing, just get all the terms in there that you want (read this site on settlements). Of course they're going to ignore you on the phone, now they're using the phone as a weapon in reverse - put the weapon down !!! Pick up the mighty PEN ! Link to comment Share on other sites More sharing options...
calawyer Posted February 6, 2003 Report Share Posted February 6, 2003 Read the summons carefully. It will tell you when you must file an answer to the compaint. Answering is the first step for a defendant in a lawsuit. Most states have a form you can fill out to answer the complaint. Your local library will help you find one if it cannot be obtained online. Filing an answer, within the time permitted by law, will prevent the plaintiff from scoring an "easy win" by getting a default judgment against you. Link to comment Share on other sites More sharing options...
L Posted February 6, 2003 Author Report Share Posted February 6, 2003 CAlawyer, I have not gotten that far yet and have been successful with the goodwill letters to other creditors etc. This is Sears I am dealing with and they aint no joke from what I have heard. What I really want to do is settle this thing and get it to say paid I am trying to move...Should I go ahead and call and to a check by phone(this is what they really want). I am going to pay the full amount so it reflects "paid collection" not "settled" for lesser amount. I am just trying to avoid a judgement...That is not what I need on my report for this is the only neg. item left...Please advise accordingly.Thanks again you just dont know!!!! Link to comment Share on other sites More sharing options...
Swede Posted February 7, 2003 Report Share Posted February 7, 2003 <blockquote>Originally posted by LI am just trying to avoid a judgement...That is not what I need on my report for this is the only neg. item left...</blockquote>This is the same as http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=1&thread=3284 I presume? Link to comment Share on other sites More sharing options...
calawyer Posted February 7, 2003 Report Share Posted February 7, 2003 Swede, you are really amazing. You once joked about being my paralegal, but you really have all of the qualities it takes to become one: ability to understand the law, no fear of hard work and organization. If you don't have a better job already (besides your night job), you should really consider it. Link to comment Share on other sites More sharing options...
Anonymous Posted February 7, 2003 Report Share Posted February 7, 2003 hey swede or calawyer!My situation is different than L's. I already have a judgement and i want to settle it once and for all. Now I found this here:http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=13&thread=24141) Start low - 10% - because the judgment is so old.2) Make the first contact by phone - less formal.3) DON'T tell them I'm trying to get a mortgage. Make up something like need a car loan or credit card with a lower interest rate, etc.4) Any money they get is a bonus since they haven't gotten anything from me so far. He actually said they'd say something like, "Hey, we just got some money we weren't expecting, let's go to lunch"!5) He also said to get the settlement agreement to read "FULL SATISFACTION" among other things because that's what creditors will look for.6) He seemed to think that vacating it was not that important, but I have to disagree there. I want it OFF my report!7) He said it could be stipulated in the settlement agreement that it would be vacated. I figured there'd have to be a Motion to Vacate. Should I call? I was going to send the lawyer a letter basically offering to settle the debt in exchange for him listing the judgment as dismissed. This will save him time and money trying to collect the judgment and will help me recover from the negative entry against me. Should I send the letter. I can post a copy of the ltr I'm sending if that will help or should I call like the lawyer recommended to this other poster? Link to comment Share on other sites More sharing options...
Swede Posted February 7, 2003 Report Share Posted February 7, 2003 <blockquote>Originally posted by calawyerSwede, you are really amazing. You once joked about being my paralegal, but you really have all of the qualities it takes to become one: ability to understand the law, no fear of hard work and organization. If you don't have a better job already (besides your night job), you should really consider it.</blockquote>Hahahaha, I'm pleased that you remember my "night job" as we like to refer to it.... Thanks for the compliment, I really have and still is considering it. I might call upon you for some advice and direction when the time comes if that's ok, I'll throw in the free lap dance of course..... Link to comment Share on other sites More sharing options...
cookiemnster Posted February 7, 2003 Report Share Posted February 7, 2003 <blockquote>Originally posted by Swede<blockquote>Originally posted by calawyerSwede, you are really amazing. You once joked about being my paralegal, but you really have all of the qualities it takes to become one: ability to understand the law, no fear of hard work and organization. If you don't have a better job already (besides your night job), you should really consider it.</blockquote>Swede, I concur with calawyer on this one.Of course, I just started the courses to get my paralegal certificate so I can do that to support myself when I start law school next year :ooh: But I think you'd be great at it! [Edit by cookiemnster on Thursday, February 6, 2003 @ 10:02 PM] Link to comment Share on other sites More sharing options...
L Posted February 7, 2003 Author Report Share Posted February 7, 2003 Yeah, Swede it is somewhat the same, but I thought I would get a lawyers opinion them folks had me shook... Link to comment Share on other sites More sharing options...
Swede Posted February 7, 2003 Report Share Posted February 7, 2003 <blockquote>Originally posted by LYeah, Swede it is somewhat the same, but I thought I would get a lawyers opinion them folks had me shook...</blockquote>Got it, it's just confusing keeping track of people's posts when they're in more than one place. I could be wrong, but I think the only lawyer here sofar is calawyer and he reads all the forums, most people do. cookie, thanks for the encouragement. Let me know where ya going to lawschool, maybe we'll go there together Link to comment Share on other sites More sharing options...
calawyer Posted February 8, 2003 Report Share Posted February 8, 2003 Paralegal or lawyer, I think you would do a great job at either one. Link to comment Share on other sites More sharing options...
kimber6337 Posted February 8, 2003 Report Share Posted February 8, 2003 Cookie thats great! YEAH for you!!!And Swede, I agree with CaLawyer! I know your "wallpaper" has helped clarify many many many times Cookie, what field of practice do you want to focus on? (Consumer/Family....??) Link to comment Share on other sites More sharing options...
Swede Posted February 10, 2003 Report Share Posted February 10, 2003 <blockquote>Originally posted by calawyerParalegal or lawyer, I think you would do a great job at either one.</blockquote>Got any openings? I'd love to move to the west coast Link to comment Share on other sites More sharing options...
calawyer Posted February 19, 2003 Report Share Posted February 19, 2003 Careful what you ask for. You'd have to work during the day! Link to comment Share on other sites More sharing options...
Swede Posted February 19, 2003 Report Share Posted February 19, 2003 <blockquote>Originally posted by calawyerCareful what you ask for. You'd have to work during the day!</blockquote>Yes but I'm a woman and I'm good at multi-tasking........ Where ya been man?! Haven't seen you around much lately. Don't you just love coming back to all the BS on the site.... Link to comment Share on other sites More sharing options...
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