Jump to content

Litow Law- Iowa...Should I settle?


big c
 Share

Recommended Posts

I have been sent the notice to cure and expect on being served soon. I sent a DV immediately after receiving it. The amount is $6k and is well within the SOL. I of course will show up for court, and if he does, can I settle then without receiving a judgement or any nasty marks on my CR? Or is it a better idea to settle or try to make payments before it goes to court? What is a good % to attempt to settle on? Any advice is appreciated!!

Link to comment
Share on other sites

The client is Livingston Financial, LLC, a JDB from minnesota that is not registered to collect debt in IA.

It seems if I dont settle, or we cannot come to an agreement, I will be at the mercy of the judge and how he feels about these cases. I dont really want to risk that.

His website has a settlement offer plan- should I use that to start the negotiations or pay my lawyer to negotiate for me?

Link to comment
Share on other sites

His website has a settlement offer plan- should I use that to start the negotiations or pay my lawyer to negotiate for me?

It would depend upon whether you have already informed the JDB if you are represented by a lawyer, or not.

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.

The FDCPA goes on to say in another section "unless the attorney consents to direct communication with the consumer".

So, if you have already told the JDB that you are represented by an attorney and it knows who the attorney is, then the JDB cannot communicate with you directly unless your attorney has told the JDB it is okay to communicate with you, or your attorney does not answer the JDB within a reasonable amount of time.

Anyway, from what I know about Charlie, you don't need a lawyer because he probably doesn't have diddly-squat.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.