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Hunts & Henriques representing B o A


Jennie
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Hey guys!

California I received a letter from the law firm of Hunts and Henriques in regards to a debt of $4k this is the initial letter they send but I have a strong feeling they will eventually file court documents . I’m super stressed out and depressed right now because I can only think of the worst outcome . I’m ready to show up to court and hopefully negotiate payments plans before my wages  are garnished. What’s my best option here? Wait for the summons or call them to settle?  Hire a lawyer to negotiate for me ? 
I have a dispute letter ready to do tomorrow via certified mail. 

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7 hours ago, Jennie said:

Hey guys!

California I received a letter from the law firm of Hunts and Henriques in regards to a debt of $4k this is the initial letter they send but I have a strong feeling they will eventually file court documents . I’m super stressed out and depressed right now because I can only think of the worst outcome . I’m ready to show up to court and hopefully negotiate payments plans before my wages  are garnished. What’s my best option here? Wait for the summons or call them to settle?  Hire a lawyer to negotiate for me ? 
I have a dispute letter ready to do tomorrow via certified mail. 

What is the original creditor?

Who owns the debt now?

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BOA no longer has arbitration. 
 

There are three possibilities, and it is often wise to explore two or three of these at the same time. 
 

1.  Negotiate a settlement. BOA is usually pretty good about this, BUT, you are dealing with the H&H law firm. They could make negotiations rather difficult.  Also, remember these are not ethical people, so any payment agreement must be done very carefully. 
 

2.  Fight. BOA is weird.  Sometimes they have the evidence they need, sometimes not.  You should always fight until have the settlement completed, which may never happen.  The good news is you are in California, which makes it easier to fight the case.  Look up the Cali threads for more info.  
 

3.  Lose in court.  After that your options are to settle, have wages garnished and accounts seized, make yourself judgment proof or BK.  Those are the end games, but you need to look ahead to the end game.  

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@BackFromTheDebt   “You should always fight until have the settlement completed, which may never happen.  The good news is you are in California, which makes it easier to fight the case.” 

Hi! When you say fight until a settlement is reached, would you file denial in response to the summons? Or ask for more statements or proof of debt? If an agreement is for the full amount can they somehow still get unethical outcomes? Lol can an agreement for a lesser amount still produce a way to clean credit history and show paid in full?  Also if these guys are unreasonable and I call to settle, will they produce an agreement that isn’t good still? How can I get past  these obstacles? I’m trying to build my credit score and that’s my main goal overall. Thanks for any help and happy new year!! 🎆 

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On 12/28/2020 at 8:48 PM, Jennie said:

Hey guys!

California I received a letter from the law firm of Hunts and Henriques in regards to a debt of $4k this is the initial letter they send but I have a strong feeling they will eventually file court documents . I’m super stressed out and depressed right now because I can only think of the worst outcome . I’m ready to show up to court and hopefully negotiate payments plans before my wages  are garnished. What’s my best option here? Wait for the summons or call them to settle?  Hire a lawyer to negotiate for me ? 
I have a dispute letter ready to do tomorrow via certified mail. 

They may never sue you, but I would see what they have on you.  Since they are not a third party debt collector, you can't do a DV, but you can still ask for documentation.  

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46 minutes ago, admin said:

They may never sue you, but I would see what they have on you.  Since they are not a third party debt collector, you can't do a DV, but you can still ask for documentation.  

If the letter from H&H was the initial communication with the 30-day notice, the OP can send a DV to the law firm. 

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@BV80 hi and happy new year!

the server has now tried twice to serve but told my wife she couldn’t leave it with anyone else until the 3rd attempt. She now has told me an exact date to serve and I’m wondering if there would be a court date set by them to try and get a default judgment for avoiding being served? I’m not avoiding at all but I don’t trust how long they’re taking. She explained that they could ask the judge if if I was avoiding but since we have a date set it’s 30days to respond from that day. Can I prove they haven’t served if she didn’t show? Would there be a court date set if I was not served and could I simply find the date online? I’m skeptical of their every move and I don’t want to miss any dates.

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1 hour ago, Ddjcplus4 said:

@BV80 hi and happy new year!

the server has now tried twice to serve but told my wife she couldn’t leave it with anyone else until the 3rd attempt. She now has told me an exact date to serve and I’m wondering if there would be a court date set by them to try and get a default judgment for avoiding being served? I’m not avoiding at all but I don’t trust how long they’re taking. She explained that they could ask the judge if if I was avoiding but since we have a date set it’s 30days to respond from that day. Can I prove they haven’t served if she didn’t show? Would there be a court date set if I was not served and could I simply find the date online? I’m skeptical of their every move and I don’t want to miss any dates.

I don’t know the CA rules for proper service.  In my state, alternative service is allowed if it is shown that proper personal service was attempted.   And the server must file a certificate of service to show how service was made. 

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10 hours ago, Ddjcplus4 said:

@BackFromTheDebt   “You should always fight until have the settlement completed, which may never happen.  The good news is you are in California, which makes it easier to fight the case.” 

Hi! When you say fight until a settlement is reached, would you file denial in response to the summons? Or ask for more statements or proof of debt? If an agreement is for the full amount can they somehow still get unethical outcomes? Lol can an agreement for a lesser amount still produce a way to clean credit history and show paid in full?  Also if these guys are unreasonable and I call to settle, will they produce an agreement that isn’t good still? How can I get past  these obstacles? I’m trying to build my credit score and that’s my main goal overall. Thanks for any help and happy new year!! 🎆 

I mean fight it for it in court. Do everything. Put in a denial with your answer.  I don’t know the procedure for fighting a case in California.  Look up the California threads.  They will have quite a bit of information as to how they won in court.  

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@BackFromTheDebt so if I were to lose in court. How does the settlement work after a loss? Do they stick you with more cost? Or let’s say if I pay the amount being asked for how can I avoid any issues? I hear calling them to settle can be tricky with an agreement. If I called and said I had the total amount and not asking for a payment plan, how does that work? What leverage do these types seek? Is the total asked for as simple as just being paid and it goes away? Can I settle for less and still get my credit report to say I paid it completely? It’s a little confusing. Thanks in advance 

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@admin so if they sent 1 year of statements, can I still deny? Should or can I ask for more proof or will I lose right there since the DV letter produced some proof. I read this article and do I deny as the years worth of statements sent is not the full amount of statements? 

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21 hours ago, Ddjcplus4 said:

@admin so if they sent 1 year of statements, can I still deny? Should or can I ask for more proof or will I lose right there since the DV letter produced some proof. I read this article and do I deny as the years worth of statements sent is not the full amount of statements? 

@Ddjcplus4 Would need to see summons.  What is the allegation?

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On 1/2/2021 at 7:30 PM, HelpMepls said:

Hi!! I just called them and ask to arrange a payment plan....the lady was actually nice! They are suppose to send me papers to read and sign. I have not received yet, also I have not been served yet either. But like I said, I panicked and went on credit karma and disputed the debt. I called them 2 days later to ask if I was still going to be served, and they said since I disputed it, I have to email them and say I don’t dispute! I have not done anything yet, I don’t know what to do. I just want to pay and not be hustled! I’ve read really scary reviews on them

See I’m just afraid to foolishly try to arrange soemthjng with them and for that to backfire on me since they are the bottom of the barrel sleazy. 

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27 minutes ago, Jennie said:

How do we make ourselves judgement proof? I don’t own any property, cars or anything of value . I do receive my paycheck but I literally need it for my living expenses nothing more! 

If you receive a paycheck (are not self employed) then you are not judgment proof, sorry to say.

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22 hours ago, admin said:

If you receive a paycheck (are not self employed) then you are not judgment proof, sorry to say.

Thank you so much! I spoke to an attorney about the situation and omg they made me feel worst .. they were like “is not if they will sue, they definitely will do it that’s why you need to hire someone to represent you.” 
I was just shocked . 

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@admin what approach would you suggest if I have the full amount and just want to get the best outcome for my credit future. I would like to respond to the summons. I was served two days ago and want to be speedy about how I go about things. I see no extra cost on top of the total amount that they are asking for. What’s the best way to go about filling out paperwork or contacting them with the full amount to be paid. What should I expect?  I just want a fair and quick outcome. Thanks in advance 

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17 hours ago, Ddjcplus4 said:

@admin what approach would you suggest if I have the full amount and just want to get the best outcome for my credit future. I would like to respond to the summons. I was served two days ago and want to be speedy about how I go about things. I see no extra cost on top of the total amount that they are asking for. What’s the best way to go about filling out paperwork or contacting them with the full amount to be paid. What should I expect?  I just want a fair and quick outcome. Thanks in advance 

@Ddjcplus4Believe me, they do not want to go to court.  I would contact them via phone and in writing and offer them the full amount (or a little less) in exchange for a dismissal with prejudice.  Get this in writing before you do any money transfer.  And move fast before the suit goes any further.  I'd also ask them to remove the listing from your credit report (don't hold up the process getting this concession, though).  

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On 1/5/2021 at 3:21 PM, Jennie said:

Thank you so much! I spoke to an attorney about the situation and omg they made me feel worst .. they were like “is not if they will sue, they definitely will do it that’s why you need to hire someone to represent you.” 
I was just shocked . 

@JennieDo you have any money left over from your paycheck?  You have to have enough to live on before they can garnish your wages.  

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@admin I realize that I have 30 days from summons being served. They can’t do anything before that can they ? What should I put in writing and how should I call to ask? Are there certain ways to go about this so that they can’t do anything else? Or is it just as simple as it seems. What should I look for if all goes well? 

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@Ddjcplus4I would write it up like a contract -

Quote

 

Date January 7, 2021,

I Ddjcplus4 agree to pay the amount of $XXX as payment in full to settle X debt in return for a dismissal of Case XXXXX as Dismissed with Prejudice. 

Signed ______________

Lawfirm _________________ 

 

The language doesn't have to be fancy. It just has to be clear. Then I would send them a request to dismiss the suit that they can file.  (google it for examples). Call them to tell them this is coming.  Don't send them any money until you have the signed contract. 

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 Hi! @admin how do I file with the court or answer the summons when I ask them to settle? Is there a way to tell the court I’m settling or want to? I hear that they could have an agreement also that they use. How should I approach using mine or theirs? 
I googled examples of how to dismiss the suit but if it has to be filed by them does it have to be in any special document or do I just type my agreement and send? 

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13 hours ago, admin said:

@JennieDo you have any money left over from your paycheck?  You have to have enough to live on before they can garnish your wages.  

I really don’t .. I have the bare minimum maybe extra $30  at the most for my mo they expenses which includes paying child care and food. Also, would they garnish my insignificant 401k ?? :(

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5 hours ago, HelpMepls said:

@admin I just got stipulation agreement in the mail from hunt and Henrique...it’s what we agreed 100 a month to lay down my $4000 debt. What should I do next? Thank u

Hey! 
did you call them to agree on that AFTER you were sued or before ? 

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