Jump to content

Received Summons for debt...


Recommended Posts

Received summons from a lawyer for $2700 on my old Home Depot card. I called immediately to either get a settlement figure ($2100) or payment plan. I couldn't afford payoff, so went with the $85/month payment.

So now a couple questions:

1) I know I need to respond to the summons (no court date is set). Wondering how to respond now that I have gotten on a payment plan?

2) I am close to having about 2k to maybe settle this out. Whats my chances of being able to call back up in a month and offer that amount for settlement? I know they want their interest, so I'm not sure if they normally allow that.

3) should I consult a lawyer for this, or is this something I can handle?

Link to comment
Share on other sites

You did not say who the plainiff is in this case and we really need some more info.

That being said, do not expect that since you are on a payment plan for them to stop the court case. These guys (debt collectors in general) are the lowest of the low and they will likely want to press for judgement to lock in their claim. Then they can always come along and still garnish your wages.

Answer the suit right now, it will not take long and there are plenty of examples and people willing to help out.

Link to comment
Share on other sites

I forget who owns the debt now, but Stephen P. Lamb is the lawyer in charge of the case. I will lookup the paperwork when I get home.

I am going to go talk to a lawyer tomorrow about filing the response unless anyone has a fool proof way of me not screwing it up?

Also, even though i'm dealing direct with their attourney, can I try to call the creditor direct and settle?

Link to comment
Share on other sites

nothing is in writing about the agreement. I did make one payment already and they sent me a receipt for the payment. I will post the rest of the info in a few hours, still at work...

I hate to say it, but considering you already made a payment to them, you may have admitted to the debt and their right to collect. Yes, we need more information.

Link to comment
Share on other sites

Stephen P. Lamb is the lawyer in charge of the case.

Can't even get that guy to put up a fight against me anymore. A favorite punching bag of mine. FYI, if you're in the area of the address on the letterhead, drive by it. It's an apartment complex right off HWY167 toward Beebe.

That guy handles all the junk debt for pretty much 1/2 of Arkansas. Five for five helping members beat that guy with little more than a lawsuit answer and only one time discovery.

Go to pulaskiclerk.com Home Page put in his information. They file tons of cases. His partner is Mac Golden. The two of them are a mill. To be honest, I don't know how they are in person because they just fold when you put up a fight, so they might be nice guys for all I know.

You have twenty days to answer the suit in Arkansas. They are getting ready to get a judgment against you and then you will have to pay every penny. While I puke when I say this, about 500.00 total should make this guy go away.

If you have put nothing in writing admitting the debt, I think if you recall your conversation, it went went something along the lines of, at this time I don't recognize this debt but I want to see what my options are if I decide to settle and what you plan to do with the suit if I do decide to settle.

What court are you in?

When was the suit filed?

If you're in Pulaski Circuit, just a few of the judges handle all civil, most are split between criminal & civil. The judge I was in front of (Moody) was very receptive to my defense and went right with the rules of procedure. He never gave either side a break and came down hard on the other side when they tried to slip in some B.S. business records excuse (he has a quote I use on this board often when a JDB tries to use business records excuse).

On the flip side, if you want to settle, then do so, but don't do it for 2K. Also they need to dismiss the case with prejudice if you do settle. Of course you will have to pay in full before they do that.

I'd call the atty up and tell him you've gotten some advice and done some research and are prepared to fight this case. However, in an effort to forgo litigation you will settle for $250.00 and then go to $500.00. They won't take it. Then file your answer. Also check your credit report and see how many times he pulled your credit.

I was ready to drag him into a suit over this before he tucked tail and dropped the case. Midland has a ton of defaults in our area. They also lose and lose badly when challenged.

Edited by Coltfan1972
Link to comment
Share on other sites

when i called to get on payment plan, I asked what happen to the suit. they said that they keep eveything filed and active.

Translation- We are doing jack crap with the suit and we hope you don't answer the lawsuit, then watch our tone change once we have a default against you.

I then asked what i need to respond to the summons and they said they couldnt advise me on that

And they hope nobody else will also.

im sure they are hoping i dont even bother to answer.

You got that 100% correct.

A final note. There are not a lot of lawyers you're going to find, in this area, that are going to advise you to do more than just settle. In fact, the reason I educated myself, went to court to learn, and fought back myself is because I went to see an atty and he told me he would feel guilty taking my money to fight the lawsuit. He said I should take my money and just try to settle at 40 cents on the dollar.

So do keep that in mind. Not sure where your located but if it is in an area outside of Little Rock or Northwest AR you might have even more trouble.

P.S. That lawsuit that the atty would feel guilty taking my money? Yep, my first victory and it went to trial, they did not just drop the case. I did not care what, I was proving that atty wrong if I died trying. Of course that is just how I'm wired. Good Luck !!

Link to comment
Share on other sites

i tried settling on the phone for 1400 and the lady said nope. 2k and some change was the lowest, or 85 a month.

I need to file tomorrow because ive let this sit for a week now and havent done anything. I have horrible credit because of other credit debt i never paid. I settled out two cards last year, this one and another are the ones left. The other card is for 1700. i hevent had the energy to look into that one. they barely call, which at this point kind of scares me...

Link to comment
Share on other sites

If you wan to be strong and fight this, there are people on this site who can help you. Coltfan is the master and he is one of many who helped me win (Just Yesterday!!!!).

You need to type in all the information:

1. Who is suing.

2. How much

3. What exactly does the complaint say?

4. What was attached to it?

5. When do you have to answer by?

You can beat these guys. They don't want to see you in court. If you fight and lose you are no worse of than you are right now, so go for it!

Link to comment
Share on other sites

nothing is in writing about the agreement. I did make one payment already and they sent me a receipt for the payment. I will post the rest of the info in a few hours, still at work...

Obviously a payment you made as you got intimidated on the phone and caved to brow beating pressure and idol threats they made (of course looking into FDCPA possible violations in the process).

Once you've had time to calm down, relax, review your records, and get some legal advice you have determined you don't owe these clowns one red cent. You misunderstood on the phone and thought they said Home Depot, who at one time you had a disputed account/debt with, but now see it's Midland, who you have never heard of.

I mean that's what happened, right? ;) A payment made in the heat of the moment in an effort to get a seasoned collection professional that was pressuring you, to just "do anything to end the call."

Link to comment
Share on other sites

Obviously a payment you made as you got intimidated on the phone and caved to brow beating pressure and idol threats they made (of course looking into FDCPA possible violations in the process).

Once you've had time to calm down, relax, review your records, and get some legal advice you have determined you don't owe these clowns one red cent. You misunderstood on the phone and thought they said Home Depot, who at one time you had a disputed account/debt with, but now see it's Midland, who you have never heard of.

I mean that's what happened, right? ;) A payment made in the heat of the moment in an effort to get a seasoned collection professional that was pressuring you, to just "do anything to end the call."

You crack me up...

Link to comment
Share on other sites

Obviously a payment you made as you got intimidated on the phone and caved to brow beating pressure and idol threats they made (of course looking into FDCPA possible violations in the process).

Once you've had time to calm down, relax, review your records, and get some legal advice you have determined you don't owe these clowns one red cent. You misunderstood on the phone and thought they said Home Depot, who at one time you had a disputed account/debt with, but now see it's Midland, who you have never heard of.

I mean that's what happened, right? ;) A payment made in the heat of the moment in an effort to get a seasoned collection professional that was pressuring you, to just "do anything to end the call."

I like the way you think... you go Coltfan1972!

rt

Link to comment
Share on other sites

Complaint:

1) Nature of claim: suit on account

2) Nature and Amount of relief claimed: Defendant liable to plaintiff in the principal amount of $2493.74 as shown by affidavit which should accrue pre-judgement interest at the rate of 5.5% from the charge-off date 8/6/10, court costs, and attorney fees, and upon judgement, the principal balance should accrue post-judgement interest at the maximum rate allowed by law.

3) Factual basis of claim: Defendant received a credit account from plaintiff's predecessor in interest, as detailed on the attached affidavit. The defendant made various charges on the account, leaving an outstanding balance. Plaintiff obtained by assignment all rights, title, and interest to the account, which remaind unpaid despite the demands of plaintiff.

WHEREFORE, plaintiff prays for judgement against defendant in the principal amount of $2493.74, accruing pre-judgement interest of 5.5% from the charge off date, 8/6/10, court costs, an attorney fee, post judgement interest of 5.5% and all other proper relief.

Link to comment
Share on other sites

The affidavit doesn't state that the affiant is a person with personal knowledge. She refers to "the person with personal knowledge".

The affidavit is hearsay and not excluded under regular business records because no person with knowledge has testified or affirmed to the authenticity or validity. They can't anyway, because they can't authenticate the validity of documents they did not originate.

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.