Being sued by Barclays in Alabama

[Rlav]

 I received a summons on Friday for a $12,000 credit card debt with Barclays. The last time I made a payment was  September 2017, it’s listed on my credit as a charge off now. The first collection company was northstar, then one named LTD and then the last letter I received was sometime last year from Lloyd and McDaniel. I got tied up in this after I left my job to stay home with my first daughter years ago my husband lost his job a few months later and was unemployed for about 3 months. We are pretty much paycheck to paycheck especially with two small kids but I do have some money from our tax refund and would like to try to settle. Talked to an attorney and he said he usually can settle for about half of the amount owed but his fees would cost me about $2400 and if I make payment arrangements they’re usually for the entire amount of the original debt. There is no court date listed on my summons, just basically shows me as defendant and Barclays as plaintiff and says i have 14 days to file an answer. I have no idea what to do. 

[Clydesmom]

2 hours ago, Rlav said:

There is no court date listed on my summons, just basically shows me as defendant and Barclays as plaintiff and says i have 14 days to file an answer.

Typically a court date is not set until you file your answer.  The first thing you need to do is answer that suit.  That buys you some time to work out settlement options.

The major problem you have is this is a large debt and an original creditor. Barclays has only recently started litigating their debts so we do not have as much information on them as other creditors.  A debt that large will be in State Court where they follow ALL the rules.  Defending yourself will not be easy. The next issue is that the only defense to an original creditor suit is the SOL which in your case is not an option they are well within it. 

You can make a settlement offer at any time up to a verdict and those offers are not admissible in court.  Make sure you have the money ready and all terms IN WRITING before you pay.

[Rlav]

3 hours ago, Clydesmom said:

Typically a court date is not set until you file your answer.  The first thing you need to do is answer that suit.  That buys you some time to work out settlement options.

The major problem you have is this is a large debt and an original creditor. Barclays has only recently started litigating their debts so we do not have as much information on them as other creditors.  A debt that large will be in State Court where they follow ALL the rules.  Defending yourself will not be easy. The next issue is that the only defense to an original creditor suit is the SOL which in your case is not an option they are well within it. 

You can make a settlement offer at any time up to a verdict and those offers are not admissible in court.  Make sure you have the money ready and all terms IN WRITING before you pay.

The second attorney I talked to was one i received an ad letter from in the mail. Their fees are $1,000 as opposed to $2,400. I would love to just be able to settle with them and avoid having to get a lawyer and go to court but it seems like that isn’t going to happen in my situation. 

[Clydesmom]

1 hour ago, Rlav said:

The second attorney I talked to was one i received an ad letter from in the mail.

NEVER EVER hire a lawyer based off a letter like this.

1 hour ago, Rlav said:

I would love to just be able to settle with them and avoid having to get a lawyer and go to court but it seems like that isn’t going to happen in my situation. 

Call their attorney and make an offer.  You do not need a lawyer to settle this yourself and avoid court.  For a debt that high 60% is a decent result.  You can start lower and work up to that amount.  The only thing is do not pay until you have all the settlement terms in writing FIRST.

[Rlav]

On ‎3‎/‎25‎/‎2019 at 7:35 PM, Clydesmom said:

NEVER EVER hire a lawyer based off a letter like this.

Call their attorney and make an offer.  You do not need a lawyer to settle this yourself and avoid court.  For a debt that high 60% is a decent result.  You can start lower and work up to that amount.  The only thing is do not pay until you have all the settlement terms in writing FIRST.

I have canceled my appointment with that attorney and am attempting to file my answer. I'll include a copy of what the form looks  like. I am going to ask for proof of the debt since they did not really include anything with the summons. Check "A" asking for proof of debt? I can't for the life of me reach anyone at the firm via phone or email so the only thing I know to do to attempt to settle would be to send a certified letter.

[Rlav]

[Clydesmom]

1 hour ago, Rlav said:

I am going to ask for proof of the debt since they did not really include anything with the summons.

UGH.  Common misconception that they are required to provide all their evidence with the summons.  They are not in Alabama. FEW states actually require this.  Most don't and you have to do discovery to get the evidence they intend to use at trial.

1 hour ago, Rlav said:

Check "A" asking for proof of debt? I can't for the life of me reach anyone at the firm via phone or email so the only thing I know to do to attempt to settle would be to send a certified letter.

You would check "A" for your answer.  The problem is that Barclays is the original creditor.  They will have all the documents they need to prove their case and do not need an affidavit or live witness to attest to their own records.  Send a certified letter to the firm offering a settlement. If you get no response you can have a settlement agreement with the amount left blank typed up and ready to go in triplicate for court and settle prior to trial if need be.

[Rlav]

3 hours ago, Clydesmom said:

UGH.  Common misconception that they are required to provide all their evidence with the summons.  They are not in Alabama. FEW states actually require this.  Most don't and you have to do discovery to get the evidence they intend to use at trial.

You would check "A" for your answer.  The problem is that Barclays is the original creditor.  They will have all the documents they need to prove their case and do not need an affidavit or live witness to attest to their own records.  Send a certified letter to the firm offering a settlement. If you get no response you can have a settlement agreement with the amount left blank typed up and ready to go in triplicate for court and settle prior to trial if need be.

 

3 hours ago, Clydesmom said:

UGH.  Common misconception that they are required to provide all their evidence with the summons.  They are not in Alabama. FEW states actually require this.  Most don't and you have to do discovery to get the evidence they intend to use at trial.

You would check "A" for your answer.  The problem is that Barclays is the original creditor.  They will have all the documents they need to prove their case and do not need an affidavit or live witness to attest to their own records.  Send a certified letter to the firm offering a settlement. If you get no response you can have a settlement agreement with the amount left blank typed up and ready to go in triplicate for court and settle prior to trial if need be.

May be a stupid question but do I need to check “B” if I just want to settle and explain that I just want more details on their total? Hopefully I can get it handled before trial anyway but I know I have to submit an answer regardless.

[fisthardcheese]

If this were me, I would use Arbitration.  Barclay's usually settles for $0 or very cheap once the case is moved out of Court and into arbitration.  Their Card Agreements list AAA as the arbitration firm.