Jkap Posted February 8, 2012 Report Share Posted February 8, 2012 Hi allI fought Discover on a $22,000 debt with attorney help. It went a fair distance but the court granted Discover the judgment. The attorney was quite disappointed and felt that the judge did not fully read the argument because it was quite long and the judge was going on vacation immediately after. Right now I can't remember what our argument was as it was over a year ago. They have since placed a lien on our property. I am now in the process of fighting Cavalry on a debt of about the same size. we are 10 days form court date but I have worked out a tentative settlement today for $3,300. I have been verging on BK to deal with (primarily) both of these issues but felt if I could negotiate a reasonable settlement with Cavalry I would try to get something reasonable from Discover. My BK attorney says if I can't get a good settlement with all debtors don't pay any anything if going BK, which makes sense.Discover attorney is stating 70% is as low as she (is authorized) to go and my attorney thinks she is correct. Does anyone have experience negotiating with Discover under similar circumstances? I feel like now is the best chance I will have to avoid BK if it is possible.Also, If I can't get Discover down to something reasonable, is accepting the $3,300 settlement with Cavalry (which I think is fair) then attempting to Vacate the Discover judgement even an option?Any guidance or other assistance will be greatly appreciated. Link to comment Share on other sites More sharing options...
BV80 Posted February 8, 2012 Report Share Posted February 8, 2012 What would be your grounds for having the Discover judgment vacated? You also need to check your court rules to find out how much time you have to attempt such a motion. If you have no grounds to get the judgment vacated, your only leverage would be the bankruptcy. Perhaps they may feel more willing to negotiate if they believe you're serious about bk.Personally, I would never pay a JDB, but that's up to you. Link to comment Share on other sites More sharing options...
Denita Posted February 8, 2012 Report Share Posted February 8, 2012 Are there other issues besides these two outstanding debts that would prompt you to file BK? Link to comment Share on other sites More sharing options...
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