dirtyfrank Posted April 5, 2012 Report Share Posted April 5, 2012 I am new this forum and would greatly appreciate any advice one could offer.I am being sued by Equatable Assets for a little over $3000. This is in Harris County, TX. I have yet to be served but I can look up the case online. It doesn't give me information like court date or any other info.Long story short...do you recommend getting a debt lawyer? I am willing to settle for less but how would I go about doing that? Is it possible to set up a payment plan?Any advice would be greatly appreciated. Link to comment Share on other sites More sharing options...
TomnTex Posted April 5, 2012 Report Share Posted April 5, 2012 Is the credit card debit or what? How far are you from SOL and is this the OC or JDB suing you? Need a few answers to be able to inform you better. Link to comment Share on other sites More sharing options...
dirtyfrank Posted April 5, 2012 Author Report Share Posted April 5, 2012 is an old credit card...maybe 2 years ago. Being sued by the JDB. Link to comment Share on other sites More sharing options...
First Timer Posted April 5, 2012 Report Share Posted April 5, 2012 Answer the questions in this thread and people will be able to help you.http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html Link to comment Share on other sites More sharing options...
usagi555 Posted April 5, 2012 Report Share Posted April 5, 2012 The standard advice is if you can afford an attorney, you should probably use one. Especially if you have FDCPA violations. If you are just hiring an attorney to fight the debt, you'll either have to find one who is passionate enough about consumer rights to not charge you more than the debt itself, or you have to hope that he chases the other side off very quickly. That being said, you're dealing with a JDB. How much time and effort are you willing to put into fighting this? Link to comment Share on other sites More sharing options...
gwheelock915 Posted April 5, 2012 Report Share Posted April 5, 2012 Did they attach an affidavit of indebtedness? was it signed by little jeffy h? don't settle with them because theres about a 99% chance they can't prove their case. We beat them off with a bat here in il...pretty easily actually. Link to comment Share on other sites More sharing options...
dirtyfrank Posted April 5, 2012 Author Report Share Posted April 5, 2012 Its a legit debt...so I am curious on how I could get it thrown out? I am just worried about a lien or levy so I would settle for half of what I owe if they would take it. Or should I offer less?I had a friend in a similar situation who fought and the judge wasn't hearing any of it.Thanks for all the helpful responses! Link to comment Share on other sites More sharing options...
usagi555 Posted April 5, 2012 Report Share Posted April 5, 2012 Its a legit debt...so I am curious on how I could get it thrown out? I am just worried about a lien or levy so I would settle for half of what I owe if they would take it. Or should I offer less?I had a friend in a similar situation who fought and the judge wasn't hearing any of it.Thanks for all the helpful responses!Correction: It was a legit debt. The JDB allegedly purchased it for pennies on the dollar. Bob lends you money. Without telling you, Bob sells the debt owed to him by you. George shows up out of the blue and says "Hey, Bob sold me your debt, so now you have to pay me." Would you believe that without hard confirmation? I sure as hell wouldn't. If you properly follow procedure and object where you need to, the court shouldn't believe it either. Link to comment Share on other sites More sharing options...
BV80 Posted April 5, 2012 Report Share Posted April 5, 2012 Frank, it would be helpful if you'd copy and paste the questions in the link in post #4, then answer them. We need more information. Link to comment Share on other sites More sharing options...
TomnTex Posted April 5, 2012 Report Share Posted April 5, 2012 Also, the SOL is four years in TX, so, if anything you might be able to hold them off for another two years. If you fight they usually back off and sell it to another JDB. The you have to start all over. If you pay one cent, you restart the SOL.Do a lot of reading and research, answer the questions that BV is asking you to answer in post #4. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted April 5, 2012 Report Share Posted April 5, 2012 Don't settle with them because theres about a 99% chance they can't prove their case.I'm going to have to disagree with this statement. It's more like 99.9% chance they can't prove their case in court, and for the .01% of the cases they could prove, they choose to just drop those. Link to comment Share on other sites More sharing options...
RockDaddy Posted April 5, 2012 Report Share Posted April 5, 2012 (edited) I'm sorry in advance to anyone who thinks differently, and I'm not sure why, but this poster doesn't sound legit to me.He knows too much, yet not enough, if that makes sense... like he's baiting us for sport for some oddball reason. Maybe trying to get us to give him 'legal advice'. It makes me wary.I mean, how does he know that he's being sued, for starters? Crystal ball, or just a 'hunch' he needs to check out at the local court for some unknown reason? Did someone call him? If so, he'd have said so, IMO. I'm having a hard time buying this.Plus - it's Equable Ascent Financial, not what he wrote. Edited April 5, 2012 by RockDaddy Link to comment Share on other sites More sharing options...
gwheelock915 Posted April 6, 2012 Report Share Posted April 6, 2012 Im leaning that way too Rock Daddy. But c'mon Coltfan, that 99% was going off of a midland comment you left last week. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted April 6, 2012 Report Share Posted April 6, 2012 Rock, I don't know about this poster, and won't even speculate. However, it's not uncommon for those in the collection industry to tell of stories how they "know" somebody who tried this or that, and now they are facing a judgment. It's also not uncommon for the collection industry to pose as a distressed consumer that has fought the big bad junk debt buyer and is now on the verge of BK, because they would just not settle for the very reasonable amount the JDB was offering. A common one I see is, "Wow, that was not near as easy as it was made out to be. Now I have a judgment for 8K when I could have just settled the account for 4K, I won't be doing that again." Again, have no idea about the OP and not speculating, but it is defiantley not uncommon, as with any message board, to have trolls trying to rock the boat. Link to comment Share on other sites More sharing options...
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