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Nelson & Kennard -- husband trying to help wife


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Hi everyone, I'm new at this, so please excuse any ignorance on these issues. The short of it is, my wife received a summons from N&K over a debt from a closed Barclay account, and I/we have no idea what to do next. There are no dates or anything to appear in court.

 

Frankly, the amount she is being sued for isn't extravagent. My preference is just to pay the amount and put it all behind us. How do I do that? Can I simply go to the Orange County court and hand a check with the amount? Do I call Nelson and arrange with them? Whatever the case, I want the payment to end this debt.

 

Any advice would be helpful. Thank you.

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A) This is not your debt, nor is it your decision. Any decisions made need to be made by your wife. SHE is the one who belongs in this forum.

 

B) There are a lot of Californians on this forum, with a wealth of information, should she decide to collect it. YOU cannot file papers for her. YOU cannot speak for her in court, so, while it's kind of you to want to help, it's actually counterproductive; SHE needs to learn enough about the issues to make an informed decision. The best thing that you can do for her is to figure out which of her jobs in your household you can take over while she's poring over legal doctrine and conferring with others on this forum.

 

C) M&K are a JDB.  The chances that they can prove any debt is actually owed to them is minimal.

 

D) You can't just go to the court and pay. The goal needs to be to prevent a judgment, because, no matter how small, that judgment will haunt her credit score for a LONG time.

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Hi everyone, I'm new at this, so please excuse any ignorance on these issues. The short of it is, my wife received a summons from N&K over a debt from a closed Barclay account, and I/we have no idea what to do next. There are no dates or anything to appear in court.

 

Frankly, the amount she is being sued for isn't extravagent. My preference is just to pay the amount and put it all behind us. How do I do that? Can I simply go to the Orange County court and hand a check with the amount? Do I call Nelson and arrange with them? Whatever the case, I want the payment to end this debt.

 

Any advice would be helpful. Thank you.

 

You have to arrange any settlement with the Plaintiff and/or their legal counsel.  I would offer 75% to start with and include language that states any remaining amount is disputed and will not be sold to another JDB.  I would also insist that all trade lines be deleted as part of the settlement.  If they refuse on anything it will be the amount.  If they do not accept they will counter offer with a higher amount.  I would keep negotiating until you find a number you can both live with.  You also want an accelerated liquidated damages clause for any non-performance on their part.  i.e. if they do not delete the trade line they immediately owe you a defined amount of money, you don't have to sue for performance.  

 

What ever you do, GET IT IN WRITING.  Anything they say verbally is a lie and will not stand up in court if the do not perform.  

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If your wife wants to learn we can help, as Wins the battle has said judgment goes on her cr for a long time and acts as a beacon for other scum to sue you, because you showed your belly early. Your whole post is condescending because she really should be wanting to post not having someone else do it. She will be smart enough to win if she comes on here irregardless of her education, background. So she is smart enough and for the record I have issues with spouses coming on because sometimes abusive spouses ruin the credit to assert control and assure that the abused are unable to leave them. Because that happens frequently, we have to make sure the other spouse is not being forced into the situation. If that is not this case then I apologize in advance, but must say what I feel.

 

If your spouse wants to litigate then the answer to complaint is due 30 days after being served.

 

this should be sent to them today certified mail return receipt, then later push for settlement and dismissal. a consent judgment ruins her credit.

Seadragon copy of Calawyers famous Bill of Particulars.doc

 

 

A little hint: oc courts hate cases that go to trial jdb's will avoid that.

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I just want to say you are to be commended to help your wife.  My husband was unable to understand all the legal jargon and to even really type on the computer.  Not everyone knows your own story so don't be discouraged by some of the comments here!!!!

 

We are here to help you decide how to proceed with your own situation, and remember no question is a stupid question.  I found it hard no matter the amt to pay someone I did not owe.  But if settling is what you feel is best always start low. Good Luck

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If a summons has been served a clock is ticking and a response is due to be filed with the court and served on the opposing party's attorney.

 

Failure to timely and properly respond will likely result in the opposing party moving the court to grant a default judgment against the named defendant(s). The plaintiff will likely request the full amount of the alleged debt, court cost, and attorney fees. The court will likely grant the default judgment in favor of the plaintiff.

 

That judgment can permit the plaintiff to move forward with debtor exams, wage garnishment, liens on real estate and other nasty things.

 

The plaintiff may pleasantly keep discussing/stringing along settlement options as the deadline to respond to the summons/complaint expires all while they file for a default judgment. Assuming a debt collection ("DC") attorney is telling the truth can be a risky game in my experience.

 

The collection game is all about leverage. In consumer debts putting the fear in the consumer is a big part of leverage for the collector. If I just wanted the lawsuit to go away and was not concerned about my credit report I am sure the DC attorney would be happy to accept a check for something near the full amount of the alleged debt and they *might* even generously waive attorney fees and/or costs.

The party with the most leverage usually writes the smaller of any checks being written.

Some Barclay card agreements have consumer friendly contractual arbitration terms. Arbitration can provide leverage.

N&K apparently violates federal and/or state statutes regarding consumer debt collections. A winning consumer attorney can provide leverage.

 

A competent winning attorney may be able to produce a favorable settlement and get themselves paid by the other party when collection violations take place involving smaller alleged debts.

 

If I was the alleged debtor and interested in obtaining leverage to reduce the size of the check I would be writing I would start my research by consulting with a couple of winning FCPA attorney and possibly look at arbitration as an alternative to litigation.

 

If writing a check to make the debt "go away" was my priority I am sure the DC attorney would be happy to discuss the amount and terms. They likely have their own settlement agreement drafted and ready for me to sign. I prefer to write/modify my own settlement agreements. Others have their own preferences.

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@newbie103 - Was the debt created while you were married? Since California is a community property state you should have little difficulty assisting your spouse in this matter - if you (or John Doe) was listed on the complaint then you are already involved.

 

Considering your desire to settle the matter, perhaps a call to the plaintiff's lawyer offering to write a check for a fraction of the amount due in exchange for the debt being considered paid in full (agreement in writing) would get the ball rolling.

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