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HOW TO OFFER SETTLEMENT WITH TWO ACCT #S?


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I wish to reply to a settlement offer from the OC attorney but there are two account numbers associated with this matter. There is the number of the original account I opened and another number which came into play about a year before the charge off from what I can tell and which is the number on the complaint. I have asked repeatedly for an explanation throughout to no avail. Everything they sent per initial discovery has the second acct number on it (one year of statements and the bogus affadavit from the acct maganger), but only the online application has my original acct number and no signature or check mark for agreement to accept (so bogus).

I have successfully moved the matter out of court (took 9 months) and into JAMS but I have yet to pay the fee to get things going and worry that the OC can go back to court to get the summary judgement they were after if I don't pay the fee in a timely manner. They ponied up their fee right after I rejected their pay the full amount in 3 easy payments offer. It has been 2 months since the judge ordered private arb.

Due to a recent medical issue with an aging parent I will not be able to give the dispute my full attention and so would rather settle and be done with it. I have maintained throughout that the two different account numbers call into question the legitimacy of the complaint but this does not seem to hold much concern for anyone but me. The judge was certainly not concerned.

So how can I send a counter offer when I can't know which number to include? Should I include both and state that I dispute both the accts so that neither account can be pursued separately later. What a mess that would be. Not sure how to finesse this. But I do need to get this done and behind me. Bigger medical and financial issues on the horizon.

Amount in play about 8K.

Advice and opinions are much appreciated.

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Include both.

If you are thinking about accepting a settlement offer you need to make sure that both acct numbers are addressed in the settlement letter. This may not be necessary depending on the situation but without all the facts its a good idea to protect yourself.

I would write a certified letter back and request that both accounts in the next settlement offer/letter are addressed. So that it doesn't come back and bite you in the butt. They may not have the old account information any more this would be very good for you if you were going to fight this. It is hard to know without more info.

The judge and other lawyer are unfortunately not going to be interested if you just tell them that there are two separate account numbers.You are going to have to address the issue through proper legal documentation such as force them to respond through Discovery or with a certified letter. Hope this helped.

Edited by Justicewanted
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If there are two separate accounts with two separate balances, and one that you have never seen before. Do not settle until the issue is addressed. Never settle something you do not owe. Once you do you will be held liable even if the charges are not yours. If you dispute both accounts say that you dispute both accounts or one or the other in the letter.

Edited by Justicewanted
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