freeatlastt Posted November 1, 2007 Report Share Posted November 1, 2007 I had a settlement agreement with CIR LAW offices to settle a debt. I was waiting for the letter with the settlement agreement so I could send them the payment. The woman who i guess was handling my account called me today after I left her a message stating I had not receivedthe settlment agreement letter in the mail yet (two weeks have passed by).Well then she procceded to tell me that the offer expires today and if I didn't do a Pay by phone check payment the settlement offer was off the table. I told her I didn't have a checking account only savings but I was more then happy to do a Western Union payment or mail her a money order. She told me no and she was going to file a Lawsuit against me, and she then hung up. I never got the settlement letter! I don't wanna get Sue'd. Im willing to pay but not the original amount.. Should i try to call a manager in her department tommorow and explain that I never received the letter that she said she was gonna send me? Will that do any good. The collection Agency is named CIR Law Offices, they have a website named cirlaw.com Link to comment Share on other sites More sharing options...
Flyingifr Posted November 1, 2007 Report Share Posted November 1, 2007 Sounds like positioning to me. Look at it this way - if they don't sue you, you can sue them for the FDCPA violation of making a threat with no intention of carrying it out. Link to comment Share on other sites More sharing options...
StressPot Posted November 1, 2007 Report Share Posted November 1, 2007 Knowledge is power, and with today's collection tactics it's best to know what your rights are. My advice wold be to read a little at:http://www.lawhelpcalifornia.org/CA/index.cfmGo to "Consumer & Small Claims", then click on "Debt Collection, Garneshment, and Reposession". This should get you to the right spot for your rights as a consumer in debt.In your shoes, I would prepare for a lawsuit and look for a defense that is appropriate to your situation.I'm sorry I can't offer more help, but I hope what little I have does help!StressPotEDITED: For grammer.EDIT: One more note...I saw your postings at freeadvice.com (situation matches yours anyway). Debt Collectors post there. They can be misleading (like when they say something like "oh you don't need to get validation..."). These posters, in my opinion, give good insight as to how collectors think. I would take their advice with a grain of salt however. Link to comment Share on other sites More sharing options...
hiblues Posted November 1, 2007 Report Share Posted November 1, 2007 Forget about a lawsuit based only on hearsay.. it simply doesn't hold any water in court because she will deny she saidit and I am sure she did not notate that part of the conversation.Here is the answer to you problem... ( adjusted for Cali laws)Send the original offer to settle in writing, notorized if possible- overnight it -cmrrr-Say something like, per our original settlement agreement yada yada yada.. include in the agreement that all TL's on all your CR must be deleted as part of the agreement and that if the agreement is not returned to you signed that this is notice that you will be sending a RE check on the ( 15 days after they day they receive this letter) , oh and this is notice that all calls to and from you are recorded effective immediately.That was easy.also,Your offer to settle this account drastically reduces your chances of gettingsued because judges HATE to waste time on cases that could have and should have been resolved outside of the court and they often punish plaintiffs by not allowing them to receive their outrageous legal fees.I have some questions:1) When is the DOLA?2) How much is it for? Link to comment Share on other sites More sharing options...
smores Posted November 1, 2007 Report Share Posted November 1, 2007 One way you can do this, based on their offer of settlement is to make out a payment and send it to them. Give them 14 days to accept it. If they refuse to accept it then you can use the provisions stated in the Uniform Commercial Code, which are the laws that govern contracts. Here is the link to the federal UCC, but your state has their own contract laws and you should look those up under your state's general statutes and use them:http://http://www.law.cornell.edu/ucc/ucc.table.htmlYou are going to look up section 3, part 603§ 3-603. TENDER OF PAYMENT.(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.( If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.© If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.(this should even be the same section number in your state general laws)Anything you do, you should absolutely use a Notary to witness this. They will more than likely accept your payment, otherwise they risk it being fully discharged since you tendered payment, per their settlement offer, and they refused your "good faith" offer to pay. The attorney knows this.When you send your letter with the check, have the notary send it with an affidavit of service, certified mail, return receipt requested. Now you have an official witness that can testify on your behalf. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted November 1, 2007 Report Share Posted November 1, 2007 Sounds like BS to me. I doubt they will sue you. Link to comment Share on other sites More sharing options...
freeatlastt Posted November 1, 2007 Author Report Share Posted November 1, 2007 Forget about a lawsuit based only on hearsay.. it simply doesn't hold any water in court because she will deny she saidit and I am sure she did not notate that part of the conversation.Here is the answer to you problem... ( adjusted for Cali laws)Send the original offer to settle in writing, notorized if possible- overnight it -cmrrr-Say something like, per our original settlement agreement yada yada yada.. include in the agreement that all TL's on all your CR must be deleted as part of the agreement and that if the agreement is not returned to you signed that this is notice that you will be sending a RE check on the ( 15 days after they day they receive this letter) , oh and this is notice that all calls to and from you are recorded effective immediately.That was easy.also,Your offer to settle this account drastically reduces your chances of gettingsued because judges HATE to waste time on cases that could have and should have been resolved outside of the court and they often punish plaintiffs by not allowing them to receive their outrageous legal fees.I have some questions:1) When is the DOLA?2) How much is it for?DOFA was March 2006 and the past due amount as of that date is 2,433.00The CA tells me the total balance owed is 3,614.03 and the settlemnt we agreed upon was 2,500.00. Link to comment Share on other sites More sharing options...
hiblues Posted November 1, 2007 Report Share Posted November 1, 2007 DOFA was March 2006 and the past due amount as of that date is 2,433.00still within the SOL The CA tells me the total balance owed is 3,614.03 and the settlemnt we agreed upon was 2,500.00.an amount worth suing for based on your original balance.one more thing .. is it reporting on your CR's?none the less just do as I mentioned above-- problem solved. Link to comment Share on other sites More sharing options...
freeatlastt Posted November 1, 2007 Author Report Share Posted November 1, 2007 still within the SOLan amount worth suing for based on your original balance.one more thing .. is it reporting on your CR's?none the less just do as I mentioned above-- problem solved.Well I have no problem doing what you say to do- But how about if she says we never had a settlment agreement and wants to back out of the settlment. It's basically her word against mine. I am sure they are not going to believe me over her, since she works there. Link to comment Share on other sites More sharing options...
freeatlastt Posted November 1, 2007 Author Report Share Posted November 1, 2007 i just called- the lady will fax me the agreement and im too send a money gram or western union the money today. How does that sound? Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted November 1, 2007 Report Share Posted November 1, 2007 i just called- the lady will fax me the agreement and im too send a money gram or western union the money today. How does that sound?sounds fine to me. Link to comment Share on other sites More sharing options...
nascar Posted November 1, 2007 Report Share Posted November 1, 2007 Forget about a lawsuit based only on hearsay.. it simply doesn't hold any water in court because she will deny she saidit ... There is no substitute for common sense. Link to comment Share on other sites More sharing options...
Flyingifr Posted November 1, 2007 Report Share Posted November 1, 2007 I advise against paying until you have a copy signed by THEM.....Otherwise they may decide not to sign and you just reaffirmed the debt and re-set the SOL.Get it in writing and fully signed before you send money. Link to comment Share on other sites More sharing options...
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