HelpMepls

Hunts & Henriques representing B o A

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2 hours ago, admin said:

I would have to see the whole order, but I would definitely tell them you are not paying any fees on top on of the $4K+ you owe them.  If you could post the whole document in text, that would be helpful.  


 

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5 hours ago, admin said:

I would have to see the whole order, but I would definitely tell them you are not paying any fees on top on of the $4K+ you owe them.  If you could post the whole document in text, that would be helpful.  

@admin I have received summones yet...when it comes and I have this stipulation agreement how do I answer the summones now? Thank u again for taking the time

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@HelpMeplsIf you make payments, you're essentially starting the statute of limitations all over, so don't worry about that language, I was wrong about that.  I don't like the fact that there is judgment language all over this - are they having you sign a judgment order in advance?  

You could demand arbitration because this is California and I think I read that all credit card disputes have to go through arbitration.  You could answer the summons and deny based on arbitration clause in California statutes.  You'd have to look that up.  However, if you demand arbitration, you might not win.    

If you go with this plan, you'll most likely not going to receive the summons.  

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21 minutes ago, admin said:

@HelpMeplsIf you make payments, you're essentially starting the statute of limitations all over, so don't worry about that language, I was wrong about that.  I don't like the fact that there is judgment language all over this - are they having you sign a judgment order in advance?  

You could demand arbitration because this is California and I think I read that all credit card disputes have to go through arbitration.  You could answer the summons and deny based on arbitration clause in California statutes.  You'd have to look that up.  However, if you demand arbitration, you might not win.    

If you go with this plan, you'll most likely not going to receive the summons.  

I called this morning to makes sure I wasn’t paying extra fee, they said only if I default (still don’t believe them) I asked if they would settle for less, they said yes $3050 if lump sum by Jan 22. I asked about the summones, it’s still going to be served. I don’t know how I would answer that now with this stipulation? Arbitration I would do but I don’t have extra money to drag this on or time. Pls help me

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29 minutes ago, admin said:

@HelpMeplsIf you make payments, you're essentially starting the statute of limitations all over, so don't worry about that language, I was wrong about that.  I don't like the fact that there is judgment language all over this - are they having you sign a judgment order in advance?  

You could demand arbitration because this is California and I think I read that all credit card disputes have to go through arbitration.  You could answer the summons and deny based on arbitration clause in California statutes.  You'd have to look that up.  However, if you demand arbitration, you might not win.    

If you go with this plan, you'll most likely not going to receive the summons.  

There’s nothing else they want me to sign but this stipulation...I have two weeks and I want to make sure and get some advice if this is fair or are they hustling me because I’m not familiar with court language. Thank u for the 100th time I appreciate it

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@HelpMeplsI would answer the summons and deny everything.  https://www.creditinfocenter.com/legal/ive-been-sued.shtml, then worry about the settlement once you've answered the suit.  If they insist on serving you, write up a motion to dismiss and include it along with your settlement agreement, and make sure they file it.  There are forms on the site.  

Too bad you can't do the lump sum.  Note: You wouldn't have to pay anything up front if you elect arbitration.  You have nothing to lose by denying the legitimacy of the suit because you're electing arbitration.  

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5 minutes ago, HelpMepls said:

There’s nothing else they want me to sign but this stipulation...I have two weeks and I want to make sure and get some advice if this is fair or are they hustling me because I’m not familiar with court language. Thank u for the 100th time I appreciate it

You have as much time as you need.  You haven't even been served yet.  There's no time limit on this - collections firms will high pressure you to pay immediately.  Make sure you are totally comfortable.  

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2 hours ago, admin said:

You have as much time as you need.  You haven't even been served yet.  There's no time limit on this - collections firms will high pressure you to pay immediately.  Make sure you are totally comfortable.  

So the due date on the stipulation doesn’t matter till I get served? My payment due 26th and I have to send those papers signed in two weeks. I have not been served, so none of those dates matter till I get served?

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@admingod bless u by the way! If say I do come up with the lump sum by the Jan 22 or how about days later, can they change the whole stipulation agreement? Are they suppose to? Or can I try to bring that lower and threaten bankruptcy? 

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12 minutes ago, HelpMepls said:

@admingod bless u by the way! If say I do come up with the lump sum by the Jan 22 or how about days later, can they change the whole stipulation agreement? Are they suppose to? Or can I try to bring that lower and threaten bankruptcy? 

And....if I do agree on paying monthly how do I answer the summones?

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@HelpMepls

I moved you to a new thread, one all your own.  First of all, please stop panicking.  You are not out of time.  The collections firm is motivated to push you to pay immediately.  They arbitrarily put a date on your stipulation agreement.   They are also Portfolio Recovery Services, a junk debt buyer.  They told you the lump sum by the 22nd, but you could probably push that date off, too.  They are making money off of this collection.  

They can rewrite the stipulation agreement at any time. The stipulation agreement is not binding on you, it has not gone to court and you have not signed it.   Call them, tell them you want to pay in full (the lower amount you negotiated - good for you, BTW).  With the summons, once you get it, post it here and I'll help you to answer it.  

 

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10 hours ago, HelpMepls said:

So the due date on the stipulation doesn’t matter till I get served? My payment due 26th and I have to send those papers signed in two weeks. I have not been served, so none of those dates matter till I get served?

What I'm saying is that the stipulation agreement is moot until you sign it.  You haven't been served, so they can take no action against you until that happens.  

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19 minutes ago, admin said:

@HelpMepls

I moved you to a new thread, one all your own.  First of all, please stop panicking.  You are not out of time.  The collections firm is motivated to push you to pay immediately.  They arbitrarily put a date on your stipulation agreement.  

They can rewrite the stipulation agreement at any time. THe stipulation agreement is not binding on you, it has not gone to court and you have not signed it.   Call them, tell them you want to pay in full (the lower amount you negotiated - good for you, BTW).  With the summons, once you get it, post it here and I'll help you to answer it.  

 

Is stipulation judgement the same as stipulation agreement? I googled and couldn’t get a clear answer. Mine is a stipulation judgment it’s says. 

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1 minute ago, HelpMepls said:

Is stipulation judgement the same as stipulation agreement? I googled and couldn’t get a clear answer. Mine is a stipulation judgment it’s says. 

Yeah, you don't want a judgment.  Have them remove that language.  Now that you're dangling money in front of them, they could be agreeable to doing that.  

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1 hour ago, admin said:

Yeah, you don't want a judgment.  Have them remove that language.  Now that you're dangling money in front of them, they could be agreeable to doing that.  

How would I tell them that? Just simply ask if I’m willing to pay $ pls remove the judgment? And if I do decide to pay the $3050 they are willing to settle with...just your opinion, do u think if I offer two payments of $1500 and the next month another $1550, you think they will go for it? Like I have nothing to lose if I take this to court, if I lose I’ll pay same as paying full payment for $100 a month...right? I was curious also if it would be smart to say I just got my money and willing to lump sum $2750 instead of going to court or even filing for bankruptcy...I would say that just to scare them...dumb move? Thank u your wonderful

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2 hours ago, HelpMepls said:

How would I tell them that? Just simply ask if I’m willing to pay $ pls remove the judgment? And if I do decide to pay the $3050 they are willing to settle with...just your opinion, do u think if I offer two payments of $1500 and the next month another $1550, you think they will go for it? Like I have nothing to lose if I take this to court, if I lose I’ll pay same as paying full payment for $100 a month...right? I was curious also if it would be smart to say I just got my money and willing to lump sum $2750 instead of going to court or even filing for bankruptcy...I would say that just to scare them...dumb move? Thank u your wonderful

You need to get them to rewrite the stipulation as not a judgment, which it reads as. You want a stipulation agreement.  You don't want a judgment on your credit report.  You want a lump sum, as they are much more likely to work with you, not payment if you do payments.   Don't say you're going to file bankruptcy if you're not.  

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7 hours ago, admin said:

You need to get them to rewrite the stipulation as not a judgment, which it reads as. You want a stipulation agreement.  You don't want a judgment on your credit report.  You want a lump sum, as they are much more likely to work with you, not payment if you do payments.   Don't say you're going to file bankruptcy if you're not.  

What would be the difference if they do agree to rewrite this stipulation judgement to make it a stipulation agreement? When u read my papers, what did it say basically? All I got from it was if I don’t pay on time they can garnish. I couldn’t understand most it...without this site I would have just signed and thought I was good! Thank u

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11 hours ago, HelpMepls said:

How would I tell them that? Just simply ask if I’m willing to pay $ pls remove the judgment?

What they are asking you to sign is known as a consent judgment.  What you are entering in to is a settlement agreement but there is a clause that states if you default again they do not have to sue you to collect. They can file that agreement with the court and THEN it becomes a recorded judgment.  Creditors who are taking a chance on you making payments again for months are NOT going to enter into this without a consent judgment.  Typically they do NOT file it with the court and put it on record  unless you default on the agreement.  It only truly becomes a judgment if you don't pay.  

11 hours ago, HelpMepls said:

Like I have nothing to lose if I take this to court, if I lose I’ll pay same as paying full payment for $100 a month...right?

Wrong.  If you go to court the Judge has NO power to order them to accept payments.  Once it gets as far as a verdict you lose leverage on getting a payment agreement and you end up having to pay post judgment interest as well as costs.  They can collect WAY more than $100 per month by garnishing your wages and there is little you can do about it.  

11 hours ago, HelpMepls said:

And if I do decide to pay the $3050 they are willing to settle with...just your opinion, do u think if I offer two payments of $1500 and the next month another $1550, you think they will go for it?

My educated guess is they would much prefer that than $100 per month for several years.

11 hours ago, HelpMepls said:

I was curious also if it would be smart to say I just got my money and willing to lump sum $2750 instead of going to court or even filing for bankruptcy...I would say that just to scare them...dumb move?

If you can offer them $2500 right now to settle in full and close it out I would choose that over payments because if ANYTHING happens and you miss a payment the consequences are much worse.  If you can settle and be done that is always better.  You will NOT scare them with a threat of BK.  They hear that hundreds if not thousands of times per month.  They are acutely aware that it means absolutely nothing until you file.  VERY dumb move because you could end up angering them with a hollow threat and they simply refuse to settle and take you to court.

If this were my situation this is what I would do:  file a general denial with the court to preserve my rights.  Continue settlement talks.  If they will take a lump sum payment to settle in full I would do that.  That involves NO consent judgment.  I pay, they dismiss.  If that wasn't an option ASK if they will remove the consent judgment.  My educated guess is they will refuse.  They want as much guarantee as possible they do not have to return to court because you default again.

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47 minutes ago, Clydesmom said:

What they are asking you to sign is known as a consent judgment.  What you are entering in to is a settlement agreement but there is a clause that states if you default again they do not have to sue you to collect. They can file that agreement with the court and THEN it becomes a recorded judgment.  Creditors who are taking a chance on you making payments again for months are NOT going to enter into this without a consent judgment.  Typically they do NOT file it with the court and put it on record  unless you default on the agreement.  It only truly becomes a judgment if you don't pay.  

Wrong.  If you go to court the Judge has NO power to order them to accept payments.  Once it gets as far as a verdict you lose leverage on getting a payment agreement and you end up having to pay post judgment interest as well as costs.  They can collect WAY more than $100 per month by garnishing your wages and there is little you can do about it.  

My educated guess is they would much prefer that than $100 per month for several years.

If you can offer them $2500 right now to settle in full and close it out I would choose that over payments because if ANYTHING happens and you miss a payment the consequences are much worse.  If you can settle and be done that is always better.  You will NOT scare them with a threat of BK.  They hear that hundreds if not thousands of times per month.  They are acutely aware that it means absolutely nothing until you file.  VERY dumb move because you could end up angering them with a hollow threat and they simply refuse to settle and take you to court.

If this were my situation this is what I would do:  file a general denial with the court to preserve my rights.  Continue settlement talks.  If they will take a lump sum payment to settle in full I would do that.  That involves NO consent judgment.  I pay, they dismiss.  If that wasn't an option ASK if they will remove the consent judgment.  My educated guess is they will refuse.  They want as much guarantee as possible they do not have to return to court because you default again.

Thank you for responding! I most likely call them Monday and pay the lump sum of a settle of $3050...I wonder if I can try just a little lower? Let me go with prejudice and wipe it clean off my credit report? Possible u think?

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1 hour ago, HelpMepls said:

Thank you for responding! I most likely call them Monday and pay the lump sum of a settle of $3050...I wonder if I can try just a little lower? Let me go with prejudice and wipe it clean off my credit report? Possible u think?

You could give it a try, but original creditors will rarely delete their credit report entries.  

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9 minutes ago, BV80 said:

You could give it a try, but original creditors will rarely delete their credit report entries.  

It’s not the original...it’s hunt and Henrique portfolio recovery lawyers. Think I have chance? I already asked to drop my $4365 (I think) to $3050...I would like to drop it to $2500 to $2700...there’s a pandemic I’m backed up on bills and everything and this lawsuit really is stressing me out...I wish they would have tried to sue me before the pandemic!! I hope karma bites hunt and Henrique in the a$$ for taking advantage of people at these times of pandemic and loss of jobs

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9 hours ago, HelpMepls said:

It’s not the original...it’s hunt and Henrique portfolio recovery lawyers. Think I have chance? I already asked to drop my $4365 (I think) to $3050...I would like to drop it to $2500 to $2700...there’s a pandemic I’m backed up on bills and everything and this lawsuit really is stressing me out...I wish they would have tried to sue me before the pandemic!! I hope karma bites hunt and Henrique in the a$$ for taking advantage of people at these times of pandemic and loss of jobs

Oh, ok.  Look on Portfolio’s website.  It says under what conditions they will delete credit report entries.

Why does the title of this thread state that Hunt & Henriques are representing BOA?

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3 hours ago, BV80 said:

Oh, ok.  Look on Portfolio’s website.  It says under what conditions they will delete credit report entries.

Why does the title of this thread state that Hunt & Henriques are representing BOA?

I think because admin moved my stuff and I originally posted on someone else? I don’t know how it works. 

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@Clydesmom  or anyone.I have not been served as of yet, I will be though, they keep going to my sister house even when I gave them my address. Let’s say the summones isn’t here and the stipulation judgment is due (paper says 2weeks)  am I still suppose to send it? And if I do go with the lump sum will they send me another stipulation? And I’m thinking of going with the lump sum but I will try one more time to lower it to atleast $2600. When summones comes my answer will be to deny? What happens next? They will still agree with the lump sum right of $3050 instead of the original $4367?  I would like them to give me to atleast feb 10th to pay the lump sum is that even possible? I really just want to get this whole thing off my shoulders. Thank u for your time I’m having so much anxiety everyday with this and want this to be over 

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