Question about "Making an offer"

[Anonymous]

I have an outstanding credit card debt, for which I'm now recieving "You've been sued by XYZ"  for..   I sent them a generic letter I found on this board a few months ago..   One part of the letter stated " I have two years to decide if I want to pursue this matter"  I didn't add that in, but I'm not sure how Valid or how real that line can be taken. Since I've gotten another court document today I'm assuming it holds NO LEGAL grounds..

So I'm wondering  How, or can you make an agreement to pay less.  I Owe $6,000, but the CC was only for 3,000 to begin with, and I'd made payments on it for 3 years before I surrendered to my own brokeness(new word) and stopped paying.. I'd like to make them an offer to pay $2,000 in the next week or so and get it all over with.  But I dunno if they'd settle for that low, or if I can even assume they would think about settling at all.

Any advice?

[Anonymous]

Is this a collection agency reporting on your CR, or was a judgement filed against you?

If it's a CA, you send a DV letter to have them verify the debt is actually yours, then if they do you can offer them a PFD which is a pay for delete. You can offer them 2000 and see if they will accept that amount. 

[Anonymous]

I have been sued, So I guess I'm SOL right?   I sent them a request for validation of the debt in Feb, which they sent everything over to a different lawyer, so I sent them one as well.  I have 23 days to respond to them, is it much much to late to offer the $2000?

[Anonymous]

First thing you need to do is find out if you have been sued and if it has already been to court and over with or if you have a court date coming up.

If you have a court date coming up, you can contact the lawyers handling the debt, and fax them or mail them a written response stating that you'd like to negotiate and settle this out of court and ask if they would be willing to negotiate.

Now, you say that you sent them a letter and one part of it stated "I have two years to decide if I want to pursue this matter", what that statement means is that you have 2 years if you decide to sue them for violations of FDCPA/FCRA. That statement had nothing to do with them suing you.

So, I have to ask, what letter did you send them and why?

[Anonymous]

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riversofsound wrote:
I have been sued, So I guess I'm SOL right?   I sent them a request for validation of the debt in Feb, which they sent everything over to a different lawyer, so I sent them one as well.  I have 23 days to respond to them, is it much much to late to offer the $2000?

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Looks like I was posting my first response at the same time you were posting this.

Did they ever validate?

Were you served with a summons to appear in court?

What was the date of last payment on this account and what is your state's SOL?

Message Edited by sidewinder on 12-12-2008 06:51 AM

[Anonymous]

what do yo mean 23 days to respond to them?

if you have been sued, you should get a notice (summons) from the court.

you mention you had some unsettled matter, like violations of the CA that you had title to pursue: if this is the case, you should check with your court about filing immediately an answer to the summons and file a counterclaim for the FDCPA\FCRA violations.

[Anonymous]

I sent them a letter for validation of the debt, they did respond.  I had previously sent it to an out of state lawyer, she did not respond, they forwarded it to an in state lawyer (who I'm dealing with now)

As of right now I do not have a court date. I have 23 days to acknowledge/respond to the summons(alias summons is what it says) And have to do so through the courthouse..  I am assuming since they want a response that I can send them the offer to negotiate. Some sites I've read said  offers of 20-60% are generall accepted, is this the case you think?  Because $2,000 is 33% of the debt they SAY I owe(6,000) and its 66% of the original card balance.. Not to mention its the Max that I'll ever be able to come up with quickly..

[Anonymous]

it says:

you've been sued by "blah blah, in the court stated above, you or your attorney has 23 days to respond, in wiriting or a judgement will be entered against you"

[Anonymous]

You need to negotiate with the lawyer and if something is worked out, get it in writing(make sure they state they are going to drop the court case) and then file your answer that a negotiation has been worked out and the lawyer has agreed to drop the case. However, follow up with the courts and make sure it is cancelled. If it goes to court, make sure you appear in court.

Word your offer carefully, make certain it includes the exact amount you are willing to pay, how you are willing to pay, when you are willing to pay it and that the lawyer will dismiss the case and no judgment will be entered.

[Anonymous]

OK, you have been sued. It's time for you to contact your own attorney if you can afford one and don't want to represent yourself pro se.

I would see if I could respond to the summons with a countersuit and a lenghty discovery - then I would start negotiation with the other side - otherwise you have no lever.

good luck!!