Jennie

Hunts & Henriques representing B o A

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10 hours ago, Ddjcplus4 said:

 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? 

I recommend calling them and trying to work out a settlement.  If you answer the suit, just follow this:  https://www.creditinfocenter.com/legal/ive-been-sued.shtml.  You don't have to admit you're going to settle.  Answering the suit may put you in a better position to settle, especially if they don't really have anything on you.  

A dismissal is not a complicated document, find out which court they need to file in and look for examples.  

 

You can also find good examples of documents here:  

 

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@admin hi again! So I should tell them I’m sending an agreement? If they offer the agreement, how should I respond to that while talking on the phone? Should I accept the agreement they send and wait to see and then send mine? I’m wanting to pay the amount in full and just don’t want anything to go wrong. 
The summons only states they want the 5*** and there are no other cost listed.  Also do I send the request to dismiss in a simple form like you mentioned or look up a more legal document in the post of suggested responses.

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11 minutes ago, Ddjcplus4 said:

@admin hi again! So I should tell them I’m sending an agreement? If they offer the agreement, how should I respond to that while talking on the phone? Should I accept the agreement they send and wait to see and then send mine? I’m wanting to pay the amount in full and just don’t want anything to go wrong. 
The summons only states they want the 5*** and there are no other cost listed.  Also do I send the request to dismiss in a simple form like you mentioned or look up a more legal document in the post of suggested responses.

It's up to you how much you want to pay or what you say - I'm not negotiating, you are.  How much you want to pay based on what you think they have on you is up to you.  They are going to try and high pressure you so just make sure you are calm and have your facts straight before picking up the phone.  Just call them and see if you can get an agreement, then have them write it up.  I would look up a more legal document for the dismissal and use it there are some excellent ones posted here.  

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@admin by asking for a lower amount could there be any stipulations in the agreement that wouldn’t be there if I offered the whole amount? Basically can I still have the case dismissed with prejudice even with a lower amount? Can they try to sell debt after if full amount isn’t paid. Or will the agreement be same either way?

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@Ddjcplus4That's what you need to ask for in your agreement. This is all a negotiation, so you can ask for a lower amount payment and regard this as payment in full. You could also ask for the case to be dismissed with prejudice. If it's dismissed with prejudice it means they can't sue you at a later date.  You really don't have to do anything you don't want to.  You are writing up a new contract.

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@admin hi and thanks for all that you’ve done, I know I’ve asked a bunch of stuff. I appreciate everything for sure.

so I spoke to the secretary and they are sending out a letter that I later confirmed would be an agreement. Said I would have to pay the agreed amount by the 21st and then once paid they would run an audit and confirm it’s actually all paid up and then within 30 days after that they would issue a dismissal to the court after the payment is confirmed. Do I respond to the summons by stating it’s been paid and ask for dismissal? How do I respond after payment? She said cashiers check, telephone check payment or money order. I asked for it to be with prejudice and she went and checked to see and confirmed it would state this but was hesitant and said these were demands and they would not write a special letter just for me. Instead she said they had standard letter they use. It’s to be mailed to soon. Should I just wait? Thanks again for the long read, I just want a clean outcome. 😇
 

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12 hours ago, Ddjcplus4 said:

@admin hi and thanks for all that you’ve done, I know I’ve asked a bunch of stuff. I appreciate everything for sure.

so I spoke to the secretary and they are sending out a letter that I later confirmed would be an agreement. Said I would have to pay the agreed amount by the 21st and then once paid they would run an audit and confirm it’s actually all paid up and then within 30 days after that they would issue a dismissal to the court after the payment is confirmed. Do I respond to the summons by stating it’s been paid and ask for dismissal? How do I respond after payment? She said cashiers check, telephone check payment or money order. I asked for it to be with prejudice and she went and checked to see and confirmed it would state this but was hesitant and said these were demands and they would not write a special letter just for me. Instead she said they had standard letter they use. It’s to be mailed to soon. Should I just wait? Thanks again for the long read, I just want a clean outcome. 😇
 

Who are they representing?  Bank of America?  You'll have much better bargaining power if it's a JDB and not BofA.  

Also, can you post your summary.  I can help with a response.

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6 hours ago, Ddjcplus4 said:

@admin capital one 

So I’ve offered to pay the full amount and like I said they’re sending an agreement soon. I’m wondering how to exactly handle answering the summons once I pay? Thank you again 🙏🏼

Post it and I will help you out.  In the meantime, do some reading with the posts that I've pointed out.

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34 minutes ago, Ddjcplus4 said:

@admin hi, are you saying to post the summons or the agreement letter when it gets here? On the telephone she spoke of making the payment by the 21st so I’m expecting the letter soon. 

@Ddjcplus4have u been summoned yet? Curious...my payment date is Jan 22 right after yours

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23 hours ago, Ddjcplus4 said:

@admin hi, are you saying to post the summons or the agreement letter when it gets here? On the telephone she spoke of making the payment by the 21st so I’m expecting the letter soon. 

@Ddjcplus4 post the summons.  

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Hello everyone ! The process was fast and the agreed to $x monthly. It was incredibly fast , no extra questions , they send you a letter as proof of the payment arrangement and if you pay it off within the time frame agreed upon then no fees or interests are added. 

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23 minutes ago, Jennie said:

Hello everyone ! The process was fast and the agreed to $x monthly. It was incredibly fast , no extra questions , they send you a letter as proof of the payment arrangement and if you pay it off within the time frame agreed upon then no fees or interests are added. 

Are they sending you a stipulation judgment? 

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On 1/12/2021 at 9:14 PM, Ddjcplus4 said:

@admin hi! Here’s a copy of the summons. I’m also waiting on the agreement letter they sent but it hasn’t arrived yet. Thanks for everything! You all are amazing people to give your time. 🙏🏼

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@Ddjcplus4 if u don’t mind when you file your “answer” pls let me know how you did it. Let me know what additional papers I have to get, and what the heck to write or check in the summons. Mine is not here yet but I know it’s coming soon

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@admin hi! Here’s a copy of the summons. I’m also waiting on the agreement letter they sent but it hasn’t arrived yet. I called and they said they would fax it but haven’t yet. They also said it was dated the 12th so should arrive soon in mail. The date of summons service says the 8th on court website so I think I have a little more time. They want payment by the 21st and I’m just waiting. 

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