HelpMepls

Hunt Henrique!!!

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First off...my sister called me to tell me someone was trying to serve me at her house but they said they would come back...I checked county clerk office I see my name, case number, date filed. I called hunt and Henrique (I was panicked) tried to arrange payments, they agreed $100 a month and they would send me papers to sign. Well after I go on credit karma and check a box to dispute the debt (again I was panicking) I cal them the next day and they say I have to email them a letter saying I don’t dispute the debt so we can continue this payment arrangement...I was reading some crazy stuff on them and how they take money even if u arrange payment!! What do I do? Pls PLEASE help me

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@admin I’m going to settle with $3050 from my $4226 debt I’m getting sued own. They said I have until the Jan 22nd to agree the settlement payment...I asked if it meant do I need to pay by the 22nd or agree? They guy had no clue he said he thinks agree?!? So your opinion and your knowledge do I need to pay the lump by the 22nd or agree? Because they still need to send me agreement before I send anything. I have not told them I agreed I’m just weighting out my options and trying to just get this problem off my shoulders. I have not been served yet either. I told the lady yesterday to give the person my address and she said they can’t control that?!?! Is that true also? I googled it so I wouldn’t have to bother u again but I couldn’t find the answer 

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18 minutes ago, HelpMepls said:

@admin I’m going to settle with $3050 from my $4226 debt I’m getting sued own. They said I have until the Jan 22nd to agree the settlement payment...I asked if it meant do I need to pay by the 22nd or agree? They guy had no clue he said he thinks agree?!? So your opinion and your knowledge do I need to pay the lump by the 22nd or agree? Because they still need to send me agreement before I send anything. I have not told them I agreed I’m just weighting out my options and trying to just get this problem off my shoulders. I have not been served yet either. I told the lady yesterday to give the person my address and she said they can’t control that?!?! Is that true also? I googled it so I wouldn’t have to bother u again but I couldn’t find the answer 

If they are wanting you to agree to the settlement by January 22nd, I would assume myself that means agree. The terms of the settlement will be contained in the agreement most likely. They could email you the settlement for you to review to be sure, however. Why not ask them to email it to you? If you have not been served yet, then either a case has not been filed against you, or it has been filed and you simply have not been served yet. If they do not have the address to serve you at, I would not provide it to them. You aren't obligated to provide them with those means. That said however, there are alternative service methods, which would enable them to satisfy service in court apart from not knowing where you are to physically serve you.

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5 minutes ago, alwayswinning36 said:

If they are wanting you to agree to the settlement by January 22nd, I would assume myself that means agree. The terms of the settlement will be contained in the agreement most likely. They could email you the settlement for you to review to be sure, however. Why not ask them to email it to you? If you have not been served yet, then either a case has not been filed against you, or it has been filed and you simply have not been served yet. If they do not have the address to serve you at, I would not provide it to them. You aren't obligated to provide them with those means. That said however, there are alternative service methods, which would enable them to satisfy service in court apart from not knowing where you are to physically serve you.

I panicked and called the first time and arranged a payment agreement of $100 a month...I now want to just settle and get this over with so they are willing to settle $3050 (I tried to lower and they won’t budge) they sent me stipulation judgment and I have two weeks to sign or it says they will try to go for garnish if I don’t sign in the time frame. I’m am stressed out and been having the worst anxiety over this, I need this to be over with. I will call and ask them to email me if I settle with the lump sum the agreement but the guy said we would have to agree for them to give me info on that. I’m new to this and have no knowledge of hats right or wrong or if I’m being hustled or played. Thank u for your response. I have not been served can they still garnish if I don’t respond to the stipulation agreement (just example) thank u again

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If you have not signed any agreement, they cannot garnish or levy anything without getting you served and then winning the case. If they tried to garnish without getting a judgement, they would be in serious trouble. They also cannot use settlement negotiations against you in court. Otherwise, there would not be any settlements.

That said, here is what you need to do. You call them up and state that you are signing a stipulated judgement. What you agree to is for a lump sum payment of $3050, they agree that the debt is considered settled and they will dismiss any claims regarding this debt in court. The agreement needs so say that. You can request that the agreement be emailed to you. When you receive the agreement, immediately sign it, get a bank check or money order for $3050, make a copy of the agreement, staple the money order or bank check receipt to your copy, and send their copy and check to them. You can even send it express mail if you wish. As for your copy of the agreement and the receipt, put that in a safe place where you can reach in the event that they try to come after you for the rest. You are right to not trust them but you can cover your based in the event that they do not honor their side of any agreement.

If they do not agree to any of this, then request an appointment where you can be served in front of the courthouse or local police station. Most process servers will do that. Once served, we can help you come up with an answer and how to respond. You need to stop panicking and start thinking. Being sued in court is not the end of the world.

Also, the agreement can say that you agree to end your dispute with the CRA. That is fine too.

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2 hours ago, WhoCares1000 said:

If you have not signed any agreement, they cannot garnish or levy anything without getting you served and then winning the case. If they tried to garnish without getting a judgement, they would be in serious trouble. They also cannot use settlement negotiations against you in court. Otherwise, there would not be any settlements.

That said, here is what you need to do. You call them up and state that you are signing a stipulated judgement. What you agree to is for a lump sum payment of $3050, they agree that the debt is considered settled and they will dismiss any claims regarding this debt in court. The agreement needs so say that. You can request that the agreement be emailed to you. When you receive the agreement, immediately sign it, get a bank check or money order for $3050, make a copy of the agreement, staple the money order or bank check receipt to your copy, and send their copy and check to them. You can even send it express mail if you wish. As for your copy of the agreement and the receipt, put that in a safe place where you can reach in the event that they try to come after you for the rest. You are right to not trust them but you can cover your based in the event that they do not honor their side of any agreement.

If they do not agree to any of this, then request an appointment where you can be served in front of the courthouse or local police station. Most process servers will do that. Once served, we can help you come up with an answer and how to respond. You need to stop panicking and start thinking. Being sued in court is not the end of the world.

Also, the agreement can say that you agree to end your dispute with the CRA. That is fine too.

That’s what I will do...I’m just waiting for my new bank account, I just opened a new one today just Incase they try something funny. Thanks for clearing that up because on my stipulation judgment it says if not signed in two weeks they will ask the court to garnish ( this is the stipulation agreement for $100 a month, first agreement) now I asked to just settle for $3050 I will call them to email me the settlement agreement. Now let’s say I pay the lump sum, and after the summones comes... how do I answer. 

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2 hours ago, HelpMepls said:

That’s what I will do...I’m just waiting for my new bank account, I just opened a new one today just Incase they try something funny. Thanks for clearing that up because on my stipulation judgment it says if not signed in two weeks they will ask the court to garnish ( this is the stipulation agreement for $100 a month, first agreement) now I asked to just settle for $3050 I will call them to email me the settlement agreement. Now let’s say I pay the lump sum, and after the summones comes... how do I answer. 

1) The new bank account is a good idea but a money order or bank check works in the same way, they do not have your bank account information.

2) When you call them and they start with the 2 weeks or else, you simply tell them that you have not be served yet and they are a long way off from garnish so those tactics won't work. in fact, let them know that if this goes on too long and you get served and find out more about the case, you might decide to fight rather than settle so it is in their best interest as much as yours to get this settled. They will be willing to settle when they realize that you know about how this works. They don't think you do right now.

3) If you get served after the agreement has been signed and you send the lump sum amount, file an answer with the court and for affirmative defense, state or check the box that says "Accord and Satisfaction" and attach a copy of the agreement as Exhibit A. Make sure to serve the answer on H & H too. They will dismiss the case at that point unless they are interested in really drawing the ire of the judge.

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4 hours ago, WhoCares1000 said:

1) The new bank account is a good idea but a money order or bank check works in the same way, they do not have your bank account information.

2) When you call them and they start with the 2 weeks or else, you simply tell them that you have not be served yet and they are a long way off from garnish so those tactics won't work. in fact, let them know that if this goes on too long and you get served and find out more about the case, you might decide to fight rather than settle so it is in their best interest as much as yours to get this settled. They will be willing to settle when they realize that you know about how this works. They don't think you do right now.

3) If you get served after the agreement has been signed and you send the lump sum amount, file an answer with the court and for affirmative defense, state or check the box that says "Accord and Satisfaction" and attach a copy of the agreement as Exhibit A. Make sure to serve the answer on H & H too. They will dismiss the case at that point unless they are interested in really drawing the ire of the judge.

So basically means they will take me to court...like they already are? This is for $100 a month...I will call them next week to tell them I just want to get this over with a pay lump sum. Thanks a lot for your explanation

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Notice that in writing, they don't talk about garnishment, just pursuing the court case which they can do.

Again, call them and start to do a lump sum settlement discussion. Let them know that you have not been served yet so the case cannot continue on until you are served. Also, if you do get served, you may decide to dispute the debt rather than settle so it is in their best interest as much as yours to settle before service if possible. Again, get it in writing.

Also, if you really want to know what is going on, have a friend or family member go to the courthouse and get the summons and complaint for you. That way, you have the information without being served. Don't avoid the process server though if they find you. Just accept it.

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3 hours ago, WhoCares1000 said:

Notice that in writing, they don't talk about garnishment, just pursuing the court case which they can do.

Again, call them and start to do a lump sum settlement discussion. Let them know that you have not been served yet so the case cannot continue on until you are served. Also, if you do get served, you may decide to dispute the debt rather than settle so it is in their best interest as much as yours to settle before service if possible. Again, get it in writing.

Also, if you really want to know what is going on, have a friend or family member go to the courthouse and get the summons and complaint for you. That way, you have the information without being served. Don't avoid the process server though if they find you. Just accept it.

I told them where to serve me, I gave them my address to serve and the lady at hunt and Henrique said she has no control over the person serving the summones?!!! I was confused because I just want to do what I need to do for this to be over. Thank u! It’s been almost a month 

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@WhoCares1000 I just wanted to say thank you! I called them stood my ground and all thought they didn’t drop my lump sum they agreed to a later date Jan 27 for $2,600 and then feb $400...that payment is easier on me...and for me to pay them on time I would have to use my bank account which is fine because after I’m changing banks anyway. They are writing up the agreement now and will send it soon. She said they will still want payment on the 27th even if paper doesn’t come on time...I said I need it in writing if not I will record them taking my payment over the phone with a voice recorder. I’m still getting served

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First off, I would rather have done one lump sum and gone, even if harder but you are where you at.

I would have still said no written agreement, no money. Are you honestly telling me it take a law office more than 2 weeks to mail or email an agreement? In fact, I still believe that, no written agreement, no money and I would have stood my ground on that.

I still believe that the best way is to send a bank check. That way, they have no clue what your account is and you have a receipt. A bank check is just as good as cash for the most part. DO NOT LET THEM HAVE ANY ELECTRONIC ACCESS TO YOUR BANK ACCOUNT. Even if you plan to close the account, they will overdraw it and that will be a huge hassle.

Finally, if they do serve you, you file an answer, even if the agreement is not done yet. Make sure the agreement says that they will dismiss the case once the account is settled. That is up to them to do. If they don't follow through, show up at court with your copy of the agreement and the bank check receipts and have them explain to the judge why they are not following their side of the agreement. You will probably get a dismissal on the spot.

 

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8 minutes ago, WhoCares1000 said:

Even if you plan to close the account, they will overdraw it and that will be a huge hassle.

I suppose it could happen, but doing so would violate the law.  It’s theft.  It would also violate the FDCPA and possible state consumer protection laws.  

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11 minutes ago, WhoCares1000 said:

First off, I would rather have done one lump sum and gone, even if harder but you are where you at.

I would have still said no written agreement, no money. Are you honestly telling me it take a law office more than 2 weeks to mail or email an agreement? In fact, I still believe that, no written agreement, no money and I would have stood my ground on that.

I still believe that the best way is to send a bank check. That way, they have no clue what your account is and you have a receipt. A bank check is just as good as cash for the most part. DO NOT LET THEM HAVE ANY ELECTRONIC ACCESS TO YOUR BANK ACCOUNT. Even if you plan to close the account, they will overdraw it and that will be a huge hassle.

Finally, if they do serve you, you file an answer, even if the agreement is not done yet. Make sure the agreement says that they will dismiss the case once the account is settled. That is up to them to do. If they don't follow through, show up at court with your copy of the agreement and the bank check receipts and have them explain to the judge why they are not following their side of the agreement. You will probably get a dismissal on the spot.

 

Bank check? Is that the one the bank issues them? If so I will do that then. And is it bad I made two payments? Honestly I’m new to this (as u can tell the way I panicked) it’s only a week apart. What’s the difference? Pls fill me in, I hope I didn’t make a mistake

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19 minutes ago, WhoCares1000 said:

First off, I would rather have done one lump sum and gone, even if harder but you are where you at.

I would have still said no written agreement, no money. Are you honestly telling me it take a law office more than 2 weeks to mail or email an agreement? In fact, I still believe that, no written agreement, no money and I would have stood my ground on that.

I still believe that the best way is to send a bank check. That way, they have no clue what your account is and you have a receipt. A bank check is just as good as cash for the most part. DO NOT LET THEM HAVE ANY ELECTRONIC ACCESS TO YOUR BANK ACCOUNT. Even if you plan to close the account, they will overdraw it and that will be a huge hassle.

Finally, if they do serve you, you file an answer, even if the agreement is not done yet. Make sure the agreement says that they will dismiss the case once the account is settled. That is up to them to do. If they don't follow through, show up at court with your copy of the agreement and the bank check receipts and have them explain to the judge why they are not following their side of the agreement. You will probably get a dismissal on the spot.

 

And they said they don’t send email

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48 minutes ago, HelpMepls said:

Bank check? Is that the one the bank issues them? If so I will do that then. And is it bad I made two payments? Honestly I’m new to this (as u can tell the way I panicked) it’s only a week apart. What’s the difference? Pls fill me in, I hope I didn’t make a mistake

@BV80 any suggestions on how to move forward? It would be appreciated. Thank u for taking the time

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4 hours ago, HelpMepls said:

Bank check? Is that the one the bank issues them? If so I will do that then. And is it bad I made two payments? Honestly I’m new to this (as u can tell the way I panicked) it’s only a week apart. What’s the difference? Pls fill me in, I hope I didn’t make a mistake

Yes, you can ask your bank for a bank check and they will provide it for free. It is drawn on the bank's bank account rather than your personal one so they don't have the account numbers.

It is not bad per se but not the best way to handle things like this. The best way is to pay one lump sum and be done with it. Again, don't send it until you get the agreement.

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4 hours ago, HelpMepls said:

And they said they don’t send email

And my comment would have been to send it in the mail and if it does not arrive on time, I will wait to get served, file my answer, and then we can negotiate on the courthouse steps or in front of the judge. I would bet you they will send it in a way that it would arrive long before 27 January if you said that.

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4 hours ago, BV80 said:

I suppose it could happen, but doing so would violate the law.  It’s theft.  It would also violate the FDCPA and possible state consumer protection laws.  

All they will say (without sending out the agreement) is that they simply took the whole amount they were owed and that there was no agreement. Remember, a JDB is lying when their mouth is moving and they are forming words.

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1 minute ago, WhoCares1000 said:

And my comment would have been to send it in the mail and if it does not arrive on time, I will wait to get served, file my answer, and then we can negotiate on the courthouse steps or in front of the judge. I would bet you they will send it in a way that it would arrive long before 27 January if you said that.

Good one! I call and say that

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1 hour ago, WhoCares1000 said:

All they will say (without sending out the agreement) is that they simply took the whole amount they were owed and that there was no agreement. Remember, a JDB is lying when their mouth is moving and they are forming words.

I agree that one should not do anything until there is a signed agreement.  However, once an agreement is signed, the creditor can’t demand or take any more than is stipulated in that agreement.  

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@BV80 @WhoCares1000

i think you both know my similar situation? I have called h&h and told them I’d pay the full amount and they said they would send out a letter that I later confirmed it was an agreement. She said at first I would need to pay the agreed amount by the 18th but I quickly said it wouldn’t be enough time to receive their agreement. She said then by the 21st. It’s still not here and idk if it’s a signed agreement or what? I’ve been served exactly 8 days ago and I need to respond to summons. Any help would be great. Why would they lag if it paid in full? I’m feeling new right about now! Lol 🤦🏻‍♂️

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Answer the summons and complaint and then deal with the attorney at the courthouse steps stating that you never received the agreement. Put the funds aside so that you can deal with it at the courthouse. Same advice I gave to the OP.

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11 hours ago, BV80 said:

I agree that one should not do anything until there is a signed agreement.  However, once an agreement is signed, the creditor can’t demand or take any more than is stipulated in that agreement.  

True, once there is a written agreement. Even with that however, it would be a pain to deal with getting the funds back. Easier to just not give them access in any way that would tempt them.

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