gwhite44 Posted July 25, 2008 Report Share Posted July 25, 2008 Wondering what to do now. I didnt answer my summons, Didnt request a dv and my court date is in two weeks. Am i screwed? Link to comment Share on other sites More sharing options...
willingtocope Posted July 25, 2008 Report Share Posted July 25, 2008 Hard to tell. Depends on the judge. Plan on showing up. Some judges might respond favorably to a "I didn't know what to do" plea. When he asks, "is this your debt?"...respond, I don't know your honor...I haven't received any actual proof". See what happens.If you're so inclinded, you might contact the court cleark and see what you need to do to respond before the court date. Link to comment Share on other sites More sharing options...
gwhite44 Posted July 25, 2008 Author Report Share Posted July 25, 2008 Let me ask this. If I spoke with the Attorneys of the plantiff and offered a settlement would that be considered as claiming the debt? Link to comment Share on other sites More sharing options...
willingtocope Posted July 25, 2008 Report Share Posted July 25, 2008 As a general rule, if it isn't in writing or wasn't recorded over the phone, it didn't happen. So...you might be safe in offering a settlement...but, if you don't get it in writing before you send money, you run the risk of the lawyer screwing you. Sometimes...a judge will say "why don't you two go out in the hall and settle this", before he hears the case. You could make your offer then.On the other hand, the DV process is intended to make sure that the CA demanding money from you has the right person, the right account, the right amount, and the right to collect in your state. Why would you want to hand over money to someone when you're not even sure it would settle a debt? Link to comment Share on other sites More sharing options...
gwhite44 Posted July 25, 2008 Author Report Share Posted July 25, 2008 No i wasnt planning to send them anything until we came to an agreement and they sent it to me, Ive had to deal with that in the past. Im sure its my debt and im willing to settle but we're too far off and i cant afford what they are asking for. Ive made a number of offers and they turned them down. Should I ask the judge to send it to arbitration. Link to comment Share on other sites More sharing options...
willingtocope Posted July 26, 2008 Report Share Posted July 26, 2008 The only way to be "sure is my debt" is to get an itemized statement from the OC. If you're dealing with a CA, even if they call themselves a lawyer, you really can't trust them to have accurate information. Really, its just too easy for a sleazy CA to pull your reports for one thing, and notice that you have another delinqency, and then try to get you to cough up money for the second one.Remember, CAs are in an industry where they make their money by either outright lying or by telling half truths that are intended to coerce debtors into sending them money. Honestly, I don't know if arbitration would be better or worse for you. Most arbitrators (particularly the "national" ones) tend to be paid by the credit industry. Who do you think will win? Link to comment Share on other sites More sharing options...
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