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HELP IM BEING SUED!!!!

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ReBuildingAgn
Regular Contributor

HELP IM BEING SUED!!!!

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 Smiley Sad

;Starting Score: Low 500s FICO Aug 2008
Current Score: EQ 668 EX 723 TU 723 (All FICO)
Goal Score: 720s Across the Board! Almost there!

Cap1 NHR ($1250), GE Rooms2Go ($4k), WalMart Discover ($3250), Barclay's Rewards MC ($2k), Amex BCE ($5K), Kohl's ($1K), Chase Freedom ($3K), Discover More ($1K)
Message 1 of 5
4 REPLIES 4
Anonymous
Not applicable

Re: HELP IM BEING SUED!!!!

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. 

Message 2 of 5
Anonymous
Not applicable

Re: HELP IM BEING SUED!!!!

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.

Message 3 of 5
ReBuildingAgn
Regular Contributor

Re: HELP IM BEING SUED!!!!

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.

;Starting Score: Low 500s FICO Aug 2008
Current Score: EQ 668 EX 723 TU 723 (All FICO)
Goal Score: 720s Across the Board! Almost there!

Cap1 NHR ($1250), GE Rooms2Go ($4k), WalMart Discover ($3250), Barclay's Rewards MC ($2k), Amex BCE ($5K), Kohl's ($1K), Chase Freedom ($3K), Discover More ($1K)
Message 4 of 5
ReBuildingAgn
Regular Contributor

Re: HELP IM BEING SUED!!!!

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.

;Starting Score: Low 500s FICO Aug 2008
Current Score: EQ 668 EX 723 TU 723 (All FICO)
Goal Score: 720s Across the Board! Almost there!

Cap1 NHR ($1250), GE Rooms2Go ($4k), WalMart Discover ($3250), Barclay's Rewards MC ($2k), Amex BCE ($5K), Kohl's ($1K), Chase Freedom ($3K), Discover More ($1K)
Message 5 of 5
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