Can a lawyer help me settle a judgement for less?

[leo.lyon]

1. Who is the named plaintiff in the suit?

CACH LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Borns and Steele

3. How much are you being sued for?

approx $5,000

4. Who is the original creditor? (if not the Plaintiff)

MBNA

5. How do you know you are being sued? (You were served, right?)

Saw judgement on credit report

6. How were you served? (Mail, In person, Notice on door)

I don't know, I don't live in the USA right now

7. Was the service legal as required by your state?

I don't know, I don't live in the USA right now.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None

9. What state and county do you live in?

Indiana

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

2007

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

6 years in Indiana

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

The case went to court and the plaintiff was awarded a default judgement in June of 2010.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

I think I'm past that point.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

None that I know of. It would have been sent to my mom's house and she has no recollection.

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

Done

[leo.lyon]

My story:

I moved from the US to work and pay off my debts in 2009. Apparently in 2010 I was sued by a creditor (I think I posted about it in another thread a while ago).

I don't have anyone at home who can look into things for me.

I tried hiring a lawyer in the area but he was completely useless. He basically took my money and did nothing, ignoring my emails and questions.

I originally wanted to see if I could have my judgement vacated on improper service since no one at my home has any recollection of ever being served. However, since it's been past the 2 year point, I'm not sure if the judge will vacate as easily as he would have before (I had hoped to beat the deadline, but the deadbeat lawyer I hired was always "busy").

The lawyer was able to tell me one thing though: A sheriff delivered the summons to my mom's house. I've asked her multiple times though and she says that she would remember if a sheriff gave her a legal document.

After getting no responses with my original lawyer, I decided to call the law firm myself and ask about the debt. I explained that I didnt live in the country and that I didnt know anything about it.

They said that they could settle, but for no less than 85% of the debt.

Though I realize that they have a slam dunk with a legal judgement against me, I would think that trying to collect from someone who lives abroad would be impossible and that they would be happy to settle for less.

I would love to have the case vacated if at all possible and then file a motion for discovery (I'm sure this case was bought as part of a junk debt portfolio) but I'm not sure if it's too late at this point and it all seems impossible to get anything done from abroad.

Is it possible to get REAL help from a lawyer who can either have the judgement vacated or have the debt settled for less?

I don't think a bankruptcy lawyer wants to deal with someone who only has a debt of $5k.

[1stStep]

Yes you can negotiate the judgment...

[leo.lyon]

Yes you can negotiate the judgment...

I tried negotiating a settlement and they want 85%. Would hiring a lawyer get me more?

[1stStep]

Possibly - what I would do is convey that you're not even in the US and that 10% is better that nothing - because you are content to wait it out...

[leo.lyon]

Possibly - what I would do is convey that you're not even in the US and that 10% is better that nothing - because you are content to wait it out...

They seemed completely fine with waiting it out and even abruptly hung up on me.

Is it possible that they dont believe that I'm not outside of the US?

[Seadragon]

a motion to vacate is real easy if you can prove you weren't even in the country. The court would not have personal jurisdiction. You can also say ineffective assistance of counsel but that could backfire.

Try the motion to vacate you have good cause. If you were in the military or some "other company" you can state that you were under the auspices of the solder and sailor relief act.

So a motion to vacate a void judgment, motion to quash service of summons could make this go away and get a better settlement.

a real lawyer could do that. and formally fire the lawyer for failure to do the matter and get the money back. hang a bar complaint over their head. also check to see if they were disbarred already.

Just somethings you can check into. the 2 year deadline is not written in stone especially from a void judgment.

[leo.lyon]

Where can I find one of these lawyers?

I tried looking in the phone book and basically every lawyer only dealt with full bankruptcies, and didn't want to waste their time with someone who has a debt as small as $5k.