Lids13 Posted March 26, 2003 Report Share Posted March 26, 2003 I was in discussion with American Express about a settlement offer, for whatever reason they turned the account over to a collection agency or as they say a law firm. I have spoken to them on settlement 3 diffrent times, they indicated to me that AMEX might consider settling with me as I was involved in a car accident a little over 1 year ago and 9 months later because the loss of income I got behind and can't see my way out of trouble anytime soon (it was the other persons fault I am having to sue her insurance company for my out of pocket expenses ect. but no settlement anytime soon). They indicated to me that I might be considered for a hardship settlement. They requested specific info on the accident ect. which I provided. When I spoke to the individual today who says he works for this law firm but has never indicated if he is a lawyer, he said that he might be able to work out the settlement if I can get the funds to them within 24 hours. I said as I had indicated on the original calls that once we reach an agreement in writing I will forward the funds within 2 weeks. He said to me today that this would not be acceptable he would need a post dated check over the phone before he would "go to Bat for me". I explained again what our original conversation was and I had indicated also in every other conversation that I would like to settle this but if I can't I will file for BK.(I have additional CC debts so I am not taking BK lightly my other CC companies are working with me.) When I indicated to him I would file for BK he said I had 24 hours to come up with the funds or post date a check or he will rush to file a judgment against me before I file BK. (Sorry for being so long) My question is if I file BK after he files for or gets a judgement is this unsecured debt dischargeable in BK. This guy was a real HOSES BUTT and had it not been for this web site he really would have intimidated the hell out of me. Any help would be greatly appreciated. [Edit by Lids13 on Tuesday, March 25, 2003 @ 09:16 PM] Link to comment Share on other sites More sharing options...
Anonymous Posted March 26, 2003 Report Share Posted March 26, 2003 This guy sounds like a professional conman CA. As I stated earlier, don't ever do a post-dated check. Do what everyone here suggest, get validation then go from there. Can't believe CA's are using the "24 hr scare tactic" How low can they go? I think they go from a used car salesman to CA or visa-vera. Hang tough and keep reading! Link to comment Share on other sites More sharing options...
Sky Warner Posted March 26, 2003 Report Share Posted March 26, 2003 not to mention when A judge sees that you were in an accident and had the loss of income and you tell the judge all the tactics they used to try and get $$$ from you...he might not even let them HAVE the judgement.Send the debt validation letters... Link to comment Share on other sites More sharing options...
retmar Posted March 26, 2003 Report Share Posted March 26, 2003 There is something not mentioned. Lids, you said you have to sue her insurance. Who is your Attorney? If you don't have one, get one on contingency. He should be able to hold off any collections. My sister just finished a settlement after waiting three years from her accident. All creditors threatening her were put on hold until settlement. If any called or threatened, they were referred to Attorney and now waiting patiently. Check into it quickly. Link to comment Share on other sites More sharing options...
LadynRed Posted March 26, 2003 Report Share Posted March 26, 2003 In addition.. getting a judgment before you file for bankruptcy wouldn't do them any good anyway. Once you file, any enforcement to collect on the judgment would be prohibited by the automatic stay and the debt would later be discharged and the judgment vacated. So, it would be utterly pointless for them to go that route, they would still get NOTHING !!!! Link to comment Share on other sites More sharing options...
ghacorp Posted March 27, 2003 Report Share Posted March 27, 2003 Lawyers operate under the assumption they will prevail and in fact they often still collect some portion of the debt even after bk is filed. Many people often wait until bank accounts are cleaned out and wages garnished for at least one cycle before going to bk court so that's more money for the lawyers. Other people actually settle the judgments over time and some in full with collection costs. People who are dirt poor with no income or any assets beyond what are protected by law are the biggest winners in bankruptcy court and those are the ones the lawyers lose on. Link to comment Share on other sites More sharing options...
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