settlement letter to an attorney

[rose214]

Can someone check out my settlement letter below and let me know if it sounds ok? I'm sending it to an attorney for the CA in reference to a default judgement

thanks

Dear ------,

 Your firm has a default judgment against me. The case number is ---- for the amount of $----. Your client is Equable Ascent Financial. I am writing to request a settlement offer of $-----paid with certified funds and in return I ask that  after my certified funds have arrived and this debt is paid in full, that your firm  file with the ------ County District Court, a letter of dismissal or nonsuit of this judgment.

If you agree to the above terms, I ask that you please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer of $--- and in return your firm agreeing to file the letter of nonsuit with the court. Please have it signed and dated by an authorized representative of the firm and please send it to the address listed below. When I receive this letter, I will immediately send you a bank check for $----.

I thank you for your help and look forward to resolving this issue.

[RobertEG]

It sounds fine, as it states your terms and conditions.

My concern is not with the wording of the letter, but rather where it may lead.

Putting myself in the shoes of the receiving attorney, their reaction might be.....

They have a court order for the consumer to pay, which specifies the amount the court determined was both legitimate and due in full.

The consumer has to date not satisfied the judgment, and is now stating willingness to satisfy the judgment only if the judgment creditor accepts less than what the court ordered AND that the judgment creditor motion the court to dismiss the judgment.

The judgment creditor has the right, when a judgment goes unsatisfied, to file an additional motion with the court requesting the court to order specific terms of satisfaction, such as garnishment of pay.  As part of that motion, they may present to the court your settlement letter as evidence of your unwillingness to satsify the terms of its judgment.

If they accept, it is of course a winner.

If they dont, it could possibly, in my opinion, be a negative.

[rose214]

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@RobertEG wrote:

It sounds fine, as it states your terms and conditions.

My concern is not with the wording of the letter, but rather where it may lead.

Putting myself in the shoes of the receiving attorney, their reaction might be.....

They have a court order for the consumer to pay, which specifies the amount the court determined was both legitimate and due in full.

The consumer has to date not satisfied the judgment, and is now stating willingness to satisfy the judgment only if the judgment creditor accepts less than what the court ordered AND that the judgment creditor motion the court to dismiss the judgment.

The judgment creditor has the right, when a judgment goes unsatisfied, to file an additional motion with the court requesting the court to order specific terms of satisfaction, such as garnishment of pay.  As part of that motion, they may present to the court your settlement letter as evidence of your unwillingness to satsify the terms of its judgment.

If they accept, it is of course a winner.

If they dont, it could possibly, in my opinion, be a negative.

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So do you think it would be better to NOT offere the settlement and just pay the amount in full, in return having them follow the rest of my rest of my requests?

I don't mind paying in full, eventhough I don't feel I should have too considering it was a credit card with a CL of $400 and now after late fees and over CL fees it was brought up to over $1000.00. I just want to make this all as easy as possible and get it off my report so I can get my credit up to get a house.

[rose214]

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@rose214 wrote:

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So do you think it would be better to NOT offere the settlement and just pay the amount in full, in return having them follow the rest of my rest of my requests?

I don't mind paying in full, eventhough I don't feel I should have too considering it was a credit card with a CL of $400 and now after late fees and over CL fees it was brought up to over $1000.00. I just want to make this all as easy as possible and get it off my report so I can get my credit up to get a house.

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Ok, I decided to offere to pay in full with the same stipulations to remove. I was worried about having the 2nd options that RobertEG wrote about.  I just emailed it over to the attorney so we'll see what they say....crossing my fingers!!!

[rose214]

Ok, I sent the settlment PFD to the attorney twice now via email. Finally after the second time, i rec'd an email back. It said ...

If you would like to discuss this matter you will need to call Mrs. **** within 10 days. This communication is from a debt collector. This is an attept to collect a debt and any information obtained will be used for that purpose.

along with the email it had my letter attached to it......my question is, should I call or should I just reply back to the email so that I have everything in writing? also does anyone know why they put that info in the email saying this is an attempt to collect when clearly my letter was showing my attempt to settle? and I am settling with the full amount so its not like I'm trying to bargain with them.

[yomellamoFICO2013]

I have a similar situation on a judgement. What was the outcome of your letter/email to the attorney ?

[rose214]

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@yomellamoFICO2013 wrote:

I have a similar situation on a judgement. What was the outcome of your letter/email to the attorney ?

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I wasn't able to get it removed from my credit report. The attorney was very very difficult to deal with. I paid it in full and made sure that they sent a letter right away to the credit bureaus to let them know that it was PIF and update their records. That did give me a little credit boost which was great, still wish i could have had better luck though. Good luck to you on yours!

[polno1234]

check your state statutes you may be able to file a motion to vacate.