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Settling judgment


eelimak
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Citibank sued me for 2 accounts totaling around $12,500. I went to court against their attorney, Silverman Law of Denver, and lost. I want to put this behind me.

I am judgment proof, I believe. I am self employed, I have nothing in my name and only use cash (no bank accounts). I don't want to live like this anymore. My credit score was stellar prior to this and actually it's still not bad even with the judgement (750). But again I want to end this.

The attorneys have sent me letters asking me if I would like to settle the judgment(s)....they received one judgment but send me 2 separate letters for the 2 accounts as if there were 2 judgments. The settlement offer is ridiculous (more than the original debt).

How should I go about offering a settlement? What is the best I could hope for? They continue to claim they are working on behalf of Citibank but I'm not sure. The Citibank debts are charged of on my reports. Please tell me the best way to end this.

Thanks.

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Oh one more thing. They received the judgment in Aug. of 2005. In August of 2006 they filed a motion to serve interrogatories but I have not received any as of yet.

Last thing.....we live in a very small town, noone is ever in the courtroom. When I showed up I saw the attorney and he was speaking with someone, noone else was in the courtroom. I heard the other person say "Yeah, I believe that is what this case is all about, we'll see." The person who made this statement and then walked out was the judge.

Wasn't this an ex parte communication? Wouldn't that make the judgment void? It seemed he had already made a determination about the case before he heard it. I don;t know if this would have any bearing on the settlement if I was to throw it out there during negtiations.

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Isn't it peculiar that the judgement winner has waited over a year to try to collect?

At this point you have to know who owns the debt. If the lawyer is working on Citi's behalf, Citi must be named as the plaintiff in the court documents, no?

If you are in fact judgement proof and have no assets that can be easily seized to pay the judgement, why not let that situation work for you (if your goal is to settle). Let the lawyer learn that you have no seizable assets and then revisit the settlement discussion. Your idea of a doable settlement will start looking much better to the judgement winner once he learns that the other option is nothing.

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Isn't it peculiar that the judgement winner has waited over a year to try to collect?

At this point you have to know who owns the debt. If the lawyer is working on Citi's behalf, Citi must be named as the plaintiff in the court documents, no?

If you are in fact judgement proof and have no assets that can be easily seized to pay the judgement, why not let that situation work for you (if your goal is to settle). Let the lawyer learn that you have no seizable assets and then revisit the settlement discussion. Your idea of a doable settlement will start looking much better to the judgement winner once he learns that the other option is nothing.

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  • 2 weeks later...
Citibank sued me for 2 accounts totaling around $12,500. I went to court against their attorney, Silverman Law of Denver, and lost. I want to put this behind me.

I am judgment proof, I believe. I am self employed, I have nothing in my name and only use cash (no bank accounts). I don't want to live like this anymore. My credit score was stellar prior to this and actually it's still not bad even with the judgement (750). But again I want to end this.

The attorneys have sent me letters asking me if I would like to settle the judgment(s)....they received one judgment but send me 2 separate letters for the 2 accounts as if there were 2 judgments. The settlement offer is ridiculous (more than the original debt).

How should I go about offering a settlement? What is the best I could hope for? They continue to claim they are working on behalf of Citibank but I'm not sure. The Citibank debts are charged of on my reports. Please tell me the best way to end this.

Thanks.

Wow! I didn't know a creditor could settle a judgement for less than the amount, since it was awarded by the court. I'd like to know how this turns out. I wish that I lived somewhere with a small court system. The times I've gone, there were hundreds of people. The city is a nightmare.

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