bellasummer Posted October 9, 2008 Report Share Posted October 9, 2008 Hi all! Well I am being sued by a "law firm" that has apparantely bought my debt from an old credit card. I went to see two lawyers for free consultation.The first one said I could fight it under grounds for discovery.The second said to "choose my battles"..that if I settle it now it might be better because if I lose in court they could get a judgement against me and not want to work with me for a settlement after that.The amount is for $3,400.I am currently unemployed but have money saved to pay a reasonable lump sum..Should I try to fight them on grounds for discovery? I submitted my "answer to the court" denying the debt and have a court date in December..Now the law firm sent me "interrogarotoires" questions. I read in a different post on a different website the following about a situation like this...It stated:Don't fall for the settlement trick.What will happen is they'll tell you it's settled when it really isn't. You'll end up with a judgment against you and they'll sell the unsettled portion of the judgment to another JDB who will come after you and then you're screwed because you have no protection since there's a judgment against you. Wait until you get a court date then submit your discovery. They will probably drop it.Is this true.I am afraid to call and work out a settlement because of this.. Can someone tell me what I should do and if this is true.The second lawyer said "this law firm isnt a mom and pop shop"....They know what they are doing.....Please help as soon as possible..I don't know If I should answer this interrogarory and deny all or try to settle....Someone out there please help:( Link to comment Share on other sites More sharing options...
swirlgirl Posted October 9, 2008 Report Share Posted October 9, 2008 Whatever you decide to do, you need to get all agreements in writing. If you settle for a lesser amount, you need to specifically outline in the agreement that in exchange for the payment the debt is considered paid in full and that any unpaid amounts will not be sold and should be considered forgiven. Link to comment Share on other sites More sharing options...
bellasummer Posted October 9, 2008 Author Report Share Posted October 9, 2008 Oh ok..Maybe I will write up something to send to them covering all bases.. Let me write it up and post it to see if I am missing anything.. Link to comment Share on other sites More sharing options...
smurfette in nyc Posted October 10, 2008 Report Share Posted October 10, 2008 I doubt the lawyers you consulted with were affiliated with NACA...Anyway, "fight it under grounds for discovery" doesn't sound exactly right; I take it the attorney meant to say that this JDB who is suing you needs to PROVE in court that you owe this alleged debt to them. 99% of the time, a JDB cannot win in court. You can request all the documents you wish that relate to this debt via discovery, as a means to force them to prove you owe it to them. Also, you can object to the documents they present in court that show you owe this debt to them, they are generally worthless pieces of paper that you must object to as "hearsay" as they (the JDB) have no intimate knowledge of the creation of the alleged debt.Also, they must prove that they own debt...Before any further advisement, you must decide if you have the time, and are willing to invest the effort necessary to try and beat them in court. Just know it's doable, but must be done correctly. Link to comment Share on other sites More sharing options...
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