Hannimal Posted March 21, 2012 Report Share Posted March 21, 2012 After to talking to many, many people I believe I am facing the OC who won't have much problem beating me if they want to. I heard from the Judge (through a lawyer friend of mine) that the lady who represents the law firm is very reasonable. When I make a deal, is there anything I need to ask for in regards to how it will affect my credit report? Link to comment Share on other sites More sharing options...
NeverServed Posted March 21, 2012 Report Share Posted March 21, 2012 I would see if you can swing them to remove any negative marks. I dont know if it will fly or not. Also you need to make sure that the contract is worded so they cannot come back and sue you for remaining balance. That it is payment in full and no further collection activities will be used by them or anyone else. Because Ive heard sometimes the sell the remaining balance to a JDB and they come after the rest. Why are you settling? How old is this account? You might be able to win especially if they have no documentation. I wouldnt throw in the cards yet. Link to comment Share on other sites More sharing options...
Hannimal Posted March 21, 2012 Author Report Share Posted March 21, 2012 They have filed within the 3-year Cap1 SOL, so I don't have anything there. This account has been updated recently on my credit report and it doesn't say anything about being transferred or sold off. The only evidence they have presented is the generic agreement, a weak affidavit and two copied statements (with no activity other than interest charges) and an address that I would never have had with that account.So much of the stuff is weak, but I still think it's the OC and from everything I've heard, it's not a good idea to tangle with them. Link to comment Share on other sites More sharing options...
NeverServed Posted March 21, 2012 Report Share Posted March 21, 2012 They still have to prove that its your account. that you owe them that money. etc. You still have a shot. play them to the end. then if your bound to settle. Wait till the very end to get the best settlement. Wait for others to chime in I am sure they have more advice then me. Link to comment Share on other sites More sharing options...
Hannimal Posted March 21, 2012 Author Report Share Posted March 21, 2012 I can't wait too long. I have my hearing at 1:00 today. I was told to get there early and speak with the representative and settle it.My question all along has been...if they have all the paperwork and can walk right in and win a judgement against you, then why would they offer to settle? Link to comment Share on other sites More sharing options...
bikeluver43 Posted March 21, 2012 Report Share Posted March 21, 2012 Because they are expecting you not to show, if you show they take you in a room and make you sweat, get scared, and settle on an amount. I'd assume it'd be around 80% of the current amount which is lot of money for them to make since they've already written it off as bad debt from their books (doesn't mean its sold, simply an accounting method for their business). That being said, check out this website regarding a sworn denial - you should be able to file this prior to your hearing with the clerk and have it notarized right then. This will remove their affadavit from the hearing. Other than that, argue what was stated before - at the end the worst that can happen is you pay what you are being sued for. Remove the spaces and cut and paste to your browser - w w w .attorney-in-alabama.com/not-pay-debt Link to comment Share on other sites More sharing options...
NeverServed Posted March 21, 2012 Report Share Posted March 21, 2012 Ask for a continuance! so you can prepare your defense. that might work Link to comment Share on other sites More sharing options...
bikeluver43 Posted March 22, 2012 Report Share Posted March 22, 2012 Any update as to what happened? Link to comment Share on other sites More sharing options...
NeverServed Posted March 22, 2012 Report Share Posted March 22, 2012 Ya I'm wondering too Link to comment Share on other sites More sharing options...
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