slavenomore Posted December 15, 2012 Report Share Posted December 15, 2012 Can I try to settle while still disputing the debt as legally valid, or does this admit the debt? BACKSTORY: 44K in cc debt, chase and FNB, chase offered $30% and FNB 40%didn't have it. Was about send in counter offer to OC, but wondered if it would disrupt my option to dispute and fight later if I have to go that route. In other words does it validate the debt if I make a counter offer? do I preserve the option to dispute by putting in language like this that says i still dispute it. but then make and offer? : LIKE THIS: I appreciate your settlement offer of $9000 over 90 days for settlement in full. However, if I could pay anything close to that much, I would not be in this position. Still, I would rather we could come to some realistic agreement rather than having to pay a bankruptcy attorney for a Chapter 7 no asset case. Of course if we can’t come to an agreement and I am forced to do a Chapter 7 we both lose. Please be advised this alleged debt and accounts are disputed in their entirety. However, in an effort to resolve this matter: Here is my settlement offer: Link to comment Share on other sites More sharing options...
nascar Posted December 16, 2012 Report Share Posted December 16, 2012 Yes, absolutely. Almost universally, the language in a typical settlement agreement includes phraseology like "disputed and doubtful claim," "not an admission of liability," "solely to buy my peace," etc. Any language you want to use that makes it clear that "I don't owe you anything, but I'm offering to pay $X just to make you go away" will suffice. Link to comment Share on other sites More sharing options...
slavenomore Posted December 18, 2012 Author Report Share Posted December 18, 2012 Thank you so much. so what i hear you saying is that I can try to settle with OC while still preserving my right to not admit anything and dispute validation track later if it goes to JDB collections. is that correct? Link to comment Share on other sites More sharing options...
admin Posted December 18, 2012 Report Share Posted December 18, 2012 I believe so, yes. Link to comment Share on other sites More sharing options...
slavenomore Posted December 18, 2012 Author Report Share Posted December 18, 2012 thank you... there is so much to learn ; ) Link to comment Share on other sites More sharing options...
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