Jman2001 Posted September 23, 2010 Report Share Posted September 23, 2010 [inc wall of text]From the replies I got in this thread (http //debt-consolidation-credit-repair-service.com/forums/showthread.php?t=303545) (ty all btw!) I came up with this settlement letter:MeMy addressDenver, COCollection Agency Their address City, ST ZIP August ##th 2010Re: Acct # To Whom It May Concern: This letter is being sent to your agency in response to the statement I received on August ## 2010.I would like to attempt to settle this debt with your agency. I am willing to send your agency $$$ a month by the 30th of each month starting September 2010 and then an additional $$$$ in March 2011, for a total settlement of $$$$. I also request that after the final payment of $$$$ in March 2011 that your agency removes the account from all the credit bureaus that you have reported to, including Equifax, Experian and TransUnion under my name and my wife’s, Her Name.I also hereby request all further communication take place via US Mail and not by telephone. Best Regards, Me1. Who is suing you?A lawyer on behalf of the Collection Agency2. For how much?About $6000.3. Who is the original creditor?An apartment complex management group4. How do you know you are being sued?Summons was delievered by a courier to my wife, with the courier denying any kind of signature on our end to prove that he actually delivered it. He told my wife "I've got all I need."5. How were you served? Were you served?See 4.6. What was your correspondence (if any) with the people suing you before you think you were being sued?See above settle letter7. Where do you live?Denver, CO8. When is the last time you paid on this account?April 1st, 2005 was the last month we paid rent & utilities.9. What is the status of your case?As far as I can tell, it's the begining stages. I have to file my answer in person at the court on (or by?) 10-21-201010. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)No.11. Did you request debt validation before the suit was filed?Maybe? We asked for documents via phone and recieved them in the mail. They've defenatly been crossing their T's and dotting their I's.12a. Does your summons require a response in writing?Apparently, by the wording, I need to file my answer in person on (or by?) 10-21-2010, and mail a copy to their lawyer.12b. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? In a nutshell, they're charging that per the lease we signed, we owe them the $6000, consisting of concession payback, interest, fees, ect. Not sure on the interrogatory, I'm at work without the summons. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?-The original lease me and my wife signed with a nice big fat circle around the part saying we'll have to pay attorney's fees-An itemized statement of our account-The move in/out checklist that we filled out-A bill from the contractor, to them, for the carpet replacement.14. What is the SOL on the debt?6 years. Last transaction being April 1st 2005, it *should* be up April 1st, 2011.Our lease was signed in May 2004, for 1 year, and our last month was to be May 2005. We recieved a concession of $$$ off the market value of the apartment each month. Stuff hit the fan, and we moved out of state on May 1st 2005, without paying the last months rent.The courier delivering the summons refused a signature from my wife, who is also on the summons. They guy only asked for me and I wasn't home. Is this a big screw up on the couriers/lawyers part? Would I be wasting any time trying to play 'gotchya!' with them if the law wasn't followed?I've read on these forums that a 'pre-trial mediation' takes place with a 'goverment appointed mediator' to try and work something out before it goes to court to seek a judgement. Did I read wrong? Does it apply to all courts in the US? Is there the possibility of settling for less during this, and if so, is a legal contract written up by the court that says "You have to pay this, or it'll default to judgement/garnishment"?I can't for the life of me find any information on the process of all this for Denver County, CO. I think this falls under small claims court, but I really don't know. Can anyone help with this?Should I get a lawyer? Should I consult with one/what type? The CA has everything they need to get a judgement against me as far as I can tell. Everything clearly proves I owe the apt management company every penny. Well, except the carpet replacement fees. Can I at least get this thrown out since they don't have photographic evidence of any of the supposed carpet damages?Can assignment of debt to the CA be done via the lease we signed? If not, then there isn't anything saying we have to pay the CA, and we might be able to get this dismissed, right?Federal law (which CO defers to) states this about garnishment: "The lesser figure of 25 percent of a worker's weekly disposable earnings or the amount by which his or her disposable earnings exceed thirty times the maximum hourly wage is subject to Garnishment." Disposable earnings being pay only after taxes.As I understand this, it's 25% of my earnings per week, or the amount left over after my paycheck minus $217.50, whichever is lesser. I get paid on the 15th and 30th of each month, so does this (roughly) mean 50% of my earnings per paycheck or the amount left over after my paycheck minus $535?Can they touch anything in my savings account? Can they take anything I own or the car I'm still paying for?I know these are alot of questions, but you guys are quite a knowledgable bunch. I find myself just reading thread after thread sometimes just because I learn something new in every one. Thanks in advance. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 23, 2010 Report Share Posted September 23, 2010 1. Who is suing you?A lawyer on behalf of the Collection AgencyWho is listed as the plaintiff? The apartment complex management group or a receivables company? Just curious because landlords (even bigger ones) do not typically sell their debt.4. How do you know you are being sued?Summons was delievered by a courier to my wife, with the courier denying any kind of signature on our end to prove that he actually delivered it. He told my wife "I've got all I need."He was right.13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?-The original lease me and my wife signed with a nice big fat circle around the part saying we'll have to pay attorney's fees-An itemized statement of our account-The move in/out checklist that we filled out-A bill from the contractor, to them, for the carpet replacement.To be honest, if they have all of this look to settle the lawsuit. You and your wife are absolutely toast with all of this info.The courier delivering the summons refused a signature from my wife, who is also on the summons. They guy only asked for me and I wasn't home. Is this a big screw up on the couriers/lawyers part? Nah, they did nothing wrong here. Link to comment Share on other sites More sharing options...
Jman2001 Posted September 23, 2010 Author Report Share Posted September 23, 2010 Who is listed as the plaintiff? The apartment complex management group or a receivables company? Just curious because landlords (even bigger ones) do not typically sell their debt.The plaintiff is the collection agency. There's additional papers saying the CA is reperesenting the Property Group as a collection venue.To be honest, if they have all of this look to settle the lawsuit. You and your wife are absolutely toast with all of this info.I did look to settle. I guess me 'willing to pay' a little more than half pissed them off. Who would I talk to, their lawyer or the CA? Since I told the CA I wanted only mail corrispondence, can I call them and null and void that? If I work something out before my answers are due for the suit, do I have to do anything with the legal system? Link to comment Share on other sites More sharing options...
Jman2001 Posted September 24, 2010 Author Report Share Posted September 24, 2010 Now that I'm home I can copy off this paperwork.In the 3rd complaint, it states:"Plaintiff, as a duly licensed collection agency and assignee of PROPERTY GROUP, dba Apartment Complex, seeks, blah blah blah."So the CA has been assigned by the property goup, and the lawyer is representing the CA. So I assume the property goup still has the debt on their books, right? It probably doesn't help any.I feel so damn helpless. They didn't give a crap about my letter at all. The day they recieved it, is the day that all this paperwork was drafted up. I feel like I'm ****ed, and I'm going to have to pay them the whole $6000 either through some crazy a$$ payment plan, with more interest accruing, or through garnishment of my wages, with more interest accruing. Hell, only $1500 more to go before they reach the small claims limit for CO! I'm sure they'll find a way to reach it, with $2000 in interest + fees tacked on to the original balance, I'm sure they'll tack on fee's for their lattes at Starbucks too. [/rant]So give it to me straight, I'm ****ed aren't I? I should just call their lawyer tomorrow, and try to work some ****ty payment plan out, right? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 24, 2010 Report Share Posted September 24, 2010 If you wanted to try and fight this I would maybe try to attack the assignment and make them prove they have the right to collect. but to be honest if they have a copy of the original lease, an itemized statement of account and the move in/move out checkout list they probably have a very good relationship with the apartment complex and can get any documents they need. You could try and fight this tooth and nail but from the info you provided you would probably be smoked by a MSJ.call up the attorney see what his client is willing to do with regards to settlement. it may turn out better than you think. Link to comment Share on other sites More sharing options...
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