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I just came from my county's Sheriff's Office. LVNV is suing me for $928!!! The notice said to contact the Plaintiff (the attorney they hired) and dispute it as well as file a copy at the courthouse.
I sent them a settlement offer of 60% of the balance (with the check attached), all I could afford at the time, actually it was a PFD and they refused it. What do I do from here?
Please someone help
See an attorney, or if you plan to represent yourself, file an answer that includes all your defenses and counterclaims. They might negotiate with you if they know that they have to prove the debt or if it appears that you have a valid defense and/or counterclaim.
If they are not willing to settle for less than the full amount, make arrangments to pay for the entire amount, because you do not want a judgment on your CR. Also, if you lose in court, you may be ordered to pay their attorney fees.
Check your SOL and find out if this is beyond SOL or not.
If it is, try to negotiate with their attorney. I would first try to negotiate a PFD, if not then negotiate just a settlement.
Make certain you answer your summons within the time period allowed. If you don't know how long you have, contact the court house. I would also ask to reschedule the court date if you haven't came to an agreement with the attorney. In most places, you can reschedule once with no questions asked.
Realized I never updated you all. It all worked out well actually. I called the attorney directly and I paid them half of what I owed them right then and the other half 2 weeks later. In return they stopped all collection efforts (they were very nice and professional btw) and said they will remove all references to them from all 3 of the CRA's. This was in March. Yesterday I checked my reports and noticed they were still listed as a collection account and inquiry on my Experian report. I emailed the contact I spoke with before and she sent me the form she forwarded to Experian to delete. All is right with the world again. I think in their deletion they (or Amex) also deleted the original debt I owed to Amex.
Oh and they were within SOL bc 2 years after I defaulted I negotiated a monthly payment plan with them. Unfortunately, due to a bank mix up, 1 payment was NSF'd and they dropped me from the payment plan.