scooter15 Posted April 13, 2007 Report Share Posted April 13, 2007 The other year, my husband was fired from his job and was disabled. We couldn't pay any credit cards bills. My capital one debt went into collections and I owe about $2140 on it. After one collector it finally went to Patenaude and Felix in San Diego. Their website says they're a law firm. Anyway, I recently got served a summons by a sheriff deputy..he quickly just showed his badge. The summons says $1600 plus 10% interest since Dec 2005. My husband called to make a settlement offer (its my debt but I gave him permission to talk to them) and they said the debt was $2900 plus change and no mention of what the actual breakdown was. They want to settle for $1834.43. I dont' know what's allowable in California but isn't the debt they mentioned to my husband wrong and isn't it misleading? Should I just settle with that amount as I think its actually too high and I wanted it just a bit lower. We just got ourselves to where we can pay some of our credit card bills as my husband just got off disability and started a new job. Any suggestions? Link to comment Share on other sites More sharing options...
gbe Posted April 14, 2007 Report Share Posted April 14, 2007 I'm new here and certainly no expert on much, but I can offer one bit of advice:Answer the summons. Do not ignore it. If you ignore it, you can have a default judgment filed against you.Dig through the forum archives - you're likely to find something that should help. Link to comment Share on other sites More sharing options...
scooter15 Posted April 14, 2007 Author Report Share Posted April 14, 2007 I want to settle with them. Do I have to answer the summons if it is settled? How do I go about that? In addition, my biggest question is that the amount on my letters say I owe $2100 but they told my husband it was over $2900. How can that be after one month? Link to comment Share on other sites More sharing options...
gbe Posted April 14, 2007 Report Share Posted April 14, 2007 Usually the summons must be answered in a short period of time. Unless you can negotiate a settlement through the mail that quickly, you need to file that answer ASAP. Even if you file your answer, your creditor will likely be open to settling - he doesn't want to go to court any more than you do. In fact, the first thing that'll likely happen after you answer the summons will be that you receive a letter offering to settle in order to avoid going to court.The thing you're looking to avoid is a default judgment, which they will seek and receive if you ignore the summons. Link to comment Share on other sites More sharing options...
elyse449 Posted April 14, 2007 Report Share Posted April 14, 2007 The one thing I can say is, be honest with yourselves. Can you truly afford to settle out any of these CC's? You mentioned your dh is just getting back to work, is this a stable job? Can you expect to be able to keep your end to any "bargain" you to make?Who is more professional to work with? Do you have some creditors that are willing to act like humans and work with you (without serving you mind you?) because you'll want to work with them first. JMHO.By all means, answer your summons. Don't just cow tow to them....answer the summons. If nothing else, you have a reasonable cause on why this cc went default. If they're interested in settling, it needs to be all reported w/ the courts. Don't do ANYTHING in the back door. File your response and wait for them to offer you a formal settlement. They're talking to you now because they want to settle...but see, they can still get a default judgment for the WHOLE amount on THEIR terms if you don't file your response. SO make sure to get on that--ASAP. And yes, if their amount differs from when you were served, you have the right to request further info. That's why I'm specifically saying to file your response and THAN wait for their offer of settlement in PAPER. JMO.Be careful and if all else fails, consider representation. You'll want to negotiate to where this is paid, it is considered PAID IN FULL and account CLOSED.ElyseThe other year, my husband was fired from his job and was disabled. We couldn't pay any credit cards bills. My capital one debt went into collections and I owe about $2140 on it. After one collector it finally went to Patenaude and Felix in San Diego. Their website says they're a law firm. Anyway, I recently got served a summons by a sheriff deputy..he quickly just showed his badge. The summons says $1600 plus 10% interest since Dec 2005. My husband called to make a settlement offer (its my debt but I gave him permission to talk to them) and they said the debt was $2900 plus change and no mention of what the actual breakdown was. They want to settle for $1834.43. I dont' know what's allowable in California but isn't the debt they mentioned to my husband wrong and isn't it misleading? Should I just settle with that amount as I think its actually too high and I wanted it just a bit lower. We just got ourselves to where we can pay some of our credit card bills as my husband just got off disability and started a new job. Any suggestions? Link to comment Share on other sites More sharing options...
IHateCAs Posted April 15, 2007 Report Share Posted April 15, 2007 With all these recent chargeoffs (I'm assuming) and poor income for the last year, I think you need to explore if you qualify for BK7. It's only a matter of time before the others start suing to recover, and I dunno if your finances can cover all the settlements right now. Your CR will especially not like multiple judgments on it for the next 10 years. Link to comment Share on other sites More sharing options...
Recommended Posts