dargirl1645 Posted November 23, 2007 Report Share Posted November 23, 2007 Hi All - I live in AZ and I'm being sused by a CA based in MI for a debt opened in MI. I received a summons, answered and now have a mediation court date. I had a friend who's an atty call on my behalf as a friend not my atty, and ask about settlement. They told her I have to pay $4400 for the debt and $1193 in interest in 30 days. If I can't pay in in 30 days they want that amount plus court costs in installments. In the summons they said if I didn't answer the summons I could just pay the $4400 and $1193 and If I did they would throw in $2700 in court costs. I just received a notice to appear before a mediator in January. Should I try to settle before we get to court? Should I call them or only deal with then in writing? Should I get a lawyer? Thanks for any help you can give; Link to comment Share on other sites More sharing options...
daveyzzz Posted November 23, 2007 Report Share Posted November 23, 2007 You are in a bad spot. You need to talk to these people as soon as possible and offer to get on some sort of payment plan or even better try to settle. If they are to the point of taking you into court they WILL win and you will pay the maximum they can charge you by law plus attorney's fees. They have the advantage now because they know that you are afraid of being dragged into court and they will use that to try to scare you into settling. I spent 2 1/2 years working for a major CA and we LOVED it when people like you would call because we knew you were desperate. You need to review the FDCPA and know it by heart before you call. I would advise recording the call also if it is legal where you live. If they slip up on any one thing you could turn the tables on them, but it's a longshot. Your best bet is to plead poverty and work out a payment plan and be willing to make an immediate good faith payment to start it off. And if they agree to a payment plan make sure you get it in writing. Good luck. Link to comment Share on other sites More sharing options...
isislc Posted November 23, 2007 Report Share Posted November 23, 2007 Hi All - I live in AZ and I'm being sused by a CA based in MI for a debt opened in MI. I received a summons, answered and now have a mediation court date. I had a friend who's an atty call on my behalf as a friend not my atty, and ask about settlement. They told her I have to pay $4400 for the debt and $1193 in interest in 30 days. If I can't pay in in 30 days they want that amount plus court costs in installments. In the summons they said if I didn't answer the summons I could just pay the $4400 and $1193 and If I did they would throw in $2700 in court costs. I just received a notice to appear before a mediator in January. Should I try to settle before we get to court? Should I call them or only deal with then in writing? Should I get a lawyer? Thanks for any help you can give;Wait a second, how old is this debt and what caused you to move? I mean if this debt is out of SOL, you shouldn't even have to pay for it. You go to court and use SOL as your defense. Also where are they trying to sue you? If you aren't there, how can they serve you in MI to be in court when you live in AZ? There are a lot of questions here and you might want to find out the answers to them. Michigan has an SOL of 6 years while AZ has an SOL of 3 years. I would get on it quickly. If anything, you may even be able to get the whole thing vacated for improper service if they are trying to sue you there but sending the summons to where ever they heck they like. Link to comment Share on other sites More sharing options...
daveyzzz Posted November 23, 2007 Report Share Posted November 23, 2007 That is a good point. If that debt is out of SOL for your state then they are S.O.L. on collecting it ! As long as you have not made any payments since the delinquency date - since that resets the aging. Link to comment Share on other sites More sharing options...
Ahntara Posted November 23, 2007 Report Share Posted November 23, 2007 "...any payments since delinquency date - since that resets the aging."Payments after default only 'resets aging' with a specific agreement with the OC. Payment (or in some cases a promise to pay) MAY reset SOL in certain states. Each consumer needs to check their own state's statutes."...if the debt is out of SOL...they are S.O.L. on collecting it..."SOL concerns the viability of a lawsuit to recover money owed and the implications should judgment be granted. These include wage garnishment, seizure of bank accounts and attachment to real property. I've never seen a state's SOL statute which addressed collection efforts.Unless your state has a Statute of Repose, bad debts can be worked as collections indefinitely. The efforts have no teeth post-SOL and post-Reporting Period, but the efforts can continue. Link to comment Share on other sites More sharing options...
daveyzzz Posted November 23, 2007 Report Share Posted November 23, 2007 You guys are very sharp on this board. Those are all very valid points to consider. Link to comment Share on other sites More sharing options...
dargirl1645 Posted November 24, 2007 Author Report Share Posted November 24, 2007 I live in AZ and was served in AZ. The CA corp is based in MI. The account was opened in IL. Whose SOL is in effect. Also, 1) I can borrow about $3300 is that a reasonable offer. They claim I made a payment in 2005 which reaged the claim and I'm trying to find a record of they payment. Can I ask them to show me proof of the payment? Also I 've heard that I should only contact them via mail. Is that a good idea? Thanks. Link to comment Share on other sites More sharing options...
isislc Posted November 24, 2007 Report Share Posted November 24, 2007 The account was opened in IL. Whose SOL is in effect.Who says this SOL is in effect? Unless there is some statute or fine print stating what originating state jurisdiction it falls under, you are under AZ SOL.They claim I made a payment in 2005 which reaged the claim and I'm trying to find a record of they payment.Unless this payment you made brought it current, and I highly doubt it did from the numbers I'm seeing, this account was reaged illegally.Can I ask them to show me proof of the payment? You can ask for discovery but some people say that at this point it isn't any good. Although a lot of times they try to pressure you into a settlement prior to court, usually it's because they are going in shaky to begin with.Also I 've heard that I should only contact them via mail. Is that a good idea?Yes, only do CMRR and keep your green cards. If you talk to them on the phone they will try to trick you into a situation you can't get out of. Link to comment Share on other sites More sharing options...
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