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Not sure how to proceed. Please help!!

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Not sure how to proceed. Please help!!

Hello! I'm pretty new to the message boards so please bear with me since I'm not well versed with all of the acronyms yet.

 

I received a second letter from Smith Debnam Attorneys at Law after DV'ing and having a debt validated for GE Money Bank (charge-off for Wal-Mart in the amount of $1,404.00 -Date of first delinquency 10/2010) and they told me that the creditor is willing to work out a payment plan and that I needed to call them immediately. I had already sent a letter stating what I would be able to pay but I decided to call to see what they were talking about. The man on the phone informed me that they could offer me a settlement of $1,000.00 or I could set up a payment plan on the grounds that I consent to a "confession of a judgment."

 

He is going to call me back next week to see what I have decided but I have no idea how to proceed. I do not have $1,000.00 and I refuse to give up my rights by signing a confession of a judgment. What options do I have? Please help!!!Smiley Sad

Current Score as of 9/4/15 EX 647 TU 637 EQ 619
Goal Score 770+
Capital One Platinum= 2,050 CL
Capital One Quicksilver Rewards= 1,500 CL
Bank of America Cash Rewards= 1,000 CL
AMEX Everyday=1,000 CL
Amazon Store Card=1,000 CL
GARDENING!

Message 1 of 8
7 REPLIES 7
p-
Valued Contributor

Re: Not sure how to proceed. Please help!!


@Chrysanthemum119 wrote:

Hello! I'm pretty new to the message boards so please bear with me since I'm not well versed with all of the acronyms yet.

 

I received a second letter from Smith Debnam Attorneys at Law after DV'ing and having a debt validated for GE Money Bank (charge-off for Wal-Mart in the amount of $1,404.00 -Date of first delinquency 10/2010) and they told me that the creditor is willing to work out a payment plan and that I needed to call them immediately. I had already sent a letter stating what I would be able to pay but I decided to call to see what they were talking about. The man on the phone informed me that they could offer me a settlement of $1,000.00 or I could set up a payment plan on the grounds that I consent to a "confession of a judgment."

 

He is going to call me back next week to see what I have decided but I have no idea how to proceed. I do not have $1,000.00 and I refuse to give up my rights by signing a confession of a judgment. What options do I have? Please help!!!Smiley Sad


Don't.  EVER. Sign a confession of judgement.  Basically it makes it like they sued you and won, allowing them to garnish your wages, attach assets, etc.  

 

Save up some money, and offer a PFD (pay for deletion).  If that doesn't work, continue to save and make payoff offers, but never sign anything. 

Message 2 of 8
guiness56
Epic Contributor

Re: Not sure how to proceed. Please help!!

If there is no judgment, I would contact the OC and try to work something directly out with them if they will let you.

 

I second, DO NOT sign a confession of judgment.

Message 3 of 8

Re: Not sure how to proceed. Please help!!

Thank you so much for your advice, P! I truly appreciate your prompt response. I think I will start saving up so that I can do a pay for delete but I am really trying to avoid them filing a judgment against me in the meantime.

 

Do you have any advice for what I should say when they call me back next week?

Current Score as of 9/4/15 EX 647 TU 637 EQ 619
Goal Score 770+
Capital One Platinum= 2,050 CL
Capital One Quicksilver Rewards= 1,500 CL
Bank of America Cash Rewards= 1,000 CL
AMEX Everyday=1,000 CL
Amazon Store Card=1,000 CL
GARDENING!

Message 4 of 8
p-
Valued Contributor

Re: Not sure how to proceed. Please help!!


@Chrysanthemum119 wrote:

Thank you so much for your advice, P! I truly appreciate your prompt response. I think I will start saving up so that I can do a pay for delete but I am really trying to avoid them filing a judgment against me in the meantime.

 

Do you have any advice for what I should say when they call me back next week?


"There's no way I am signing a confession of Judgement.  If you have a settlement offer, please send it to me in writing, and I will review it and notify you of my response in writing."

 

At which point they will get nasty, threaten to sue, etc.  It might be smart to record the call if your state allows it.

Message 5 of 8

Re: Not sure how to proceed. Please help!!

Thanks for the advice, guiness56! There is no judgement....yet! I am trying to avoid it getting that far.

 

I will try to contact the original creditor again to see if they will work with me directly. The last time that I tried, they told me that I needed to speak with the Collection Agency Smiley Sad Since the original creditor is still listed on my credit report, I will attempt to contact them again.

 

Thanks so much!

Current Score as of 9/4/15 EX 647 TU 637 EQ 619
Goal Score 770+
Capital One Platinum= 2,050 CL
Capital One Quicksilver Rewards= 1,500 CL
Bank of America Cash Rewards= 1,000 CL
AMEX Everyday=1,000 CL
Amazon Store Card=1,000 CL
GARDENING!

Message 6 of 8

Re: Not sure how to proceed. Please help!!

Great advice, P! I will do just that!

 

Will check back with you all with an update! Thanks so much for your responses!

Current Score as of 9/4/15 EX 647 TU 637 EQ 619
Goal Score 770+
Capital One Platinum= 2,050 CL
Capital One Quicksilver Rewards= 1,500 CL
Bank of America Cash Rewards= 1,000 CL
AMEX Everyday=1,000 CL
Amazon Store Card=1,000 CL
GARDENING!

Message 7 of 8
p-
Valued Contributor

Re: Not sure how to proceed. Please help!!

Good luck.

Message 8 of 8
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