mmatt93

What happens if I just pay my debt bill? (Georgia)

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So I'm slightly confused. First of all I'm being sued in Forsyth County Georgia.

It is owned by Calvary SPV who bought it from citibank. Mandarich law firm is suing me. If i don't dispute it and pay the debt in full what happens? Do they drop the suit? Do I still need to file an answer?

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Once you have been sued, it is too late to just pay the bill and have them automatically drop the case.  The time for that was before they sued.

 

At this point they may be suing for the amount plus some court costs.  I don’t know if they are suing for attorney fees as well.  
 

What you can do is call them up and work out a settlement.  It may not be as good as what you could have gotten before a suit. But, if you can pay in full you can probably get them to agree to take less than what they are suing you for.  
 

Get everything in writing.  Get an agreement that if you pay $xxx they will agree to dismiss the case with prejudice.  Make sure there is a clause that they agree the debt is paid off and they will not sell it to anyone else.  

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I've been talking to them and they agreed on a lesser amount but are wanting me to sign a consent judgement with a date thats already passed? Are they trying to screw me?

9 minutes ago, BackFromTheDebt said:

Once you have been sued, it is too late to just pay the bill and have them automatically drop the case.  The time for that was before they sued.

 

At this point they may be suing for the amount plus some court costs.  I don’t know if they are suing for attorney fees as well.  
 

What you can do is call them up and work out a settlement.  It may not be as good as what you could have gotten before a suit. But, if you can pay in full you can probably get them to agree to take less than what they are suing you for.  
 

Get everything in writing.  Get an agreement that if you pay $xxx they will agree to dismiss the case with prejudice.  Make sure there is a clause that they agree the debt is paid off and they will not sell it to anyone else.  

 

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Cavalry SPV is suing you.

You can call their attorney and offer to pay the debt with a set of conditions: they drop the lawsuit, settle the debt, and provide you with a written agreement stating they will do so prior to you paying them anything.

Ask their lawyer if they can conduct the settlement through email to expedite the process. This way, they can email you a written agreement to sign rather than using precious time to wait for a letter in the mail.

Do not pay them until after Mandarich or Cavalry SPV and you sign the written agreement. This will be evidence in the case they attempt to sue again for the same account.

"Being served with a lawsuit does not automatically mean you need to appear in court. At any time during the response period, you can negotiate with the plaintiff and attempt to resolve the dispute. However, it is important that you keep track of your time-period. Even if you are in negotiations, you’ll still need to file an answer before the cessation of the deadline." - incorp.com

Remember, any telephonic discussions to settle the debt can't be used against you in court as an admission of guilt.

In your answer, deny any claim you're unsure about. You don't actually know if these people own the account. 

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Are you looking to pay a lump sum settlement or payments. If the settlement is lump sum, I would ask why the necessity of a consent judgement. They should just write the agreement, accept the money, and drop the case.

If you are looking to make payments, the consent judgement simply gives them a judgement without all the court fees should you default. They want that because you are not exactly an on time payer of your debts based on the past. It would be up to you if you want to agree to this.

Personally, at this point, you are better off with a lump sum settlement than a payment schedule and consent judgement.

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