topic Re: Frustrated!!! in General Credit Topics

Frustrated!!!

Anonymous — Tue, 08 Jan 2008 18:01:23 GMT

Ok so I had a couple of things bothering...One was from a collection agency, Hudson & Keyse in regards to a beneficial loan I had taken out a while back in the amount of $5900..So anyway I offered a settlement in the amount of $1180. I just got a letter from them today where they agreed to the offer and would zero out the balance and report to the three credit report agencies...My question on this one is: Should I write them back (CMRR of course) and let them know I got their letter and they would get a money order by the 31st of this Jan and am I supposed to write something on the money order such as "paid in full"...The other thing thats bothering me is a summons I had received in regards to a sears account in which I have 20 days to respond...btw I got this summons Dec 23rd..So I got a hold of an attny through naca.net..who said she would keep me posted as she would try and negotiate with them...Well it's going on two weeks and she hasnt called or returned my calls...Should I be concerned since the 20 days are almost up and I am ultimately trying to avoid a judgement? btw this attny hasnt said much about her fees except if this should go to court she would discuss it with me..Is that why she's taking her time? or what?..ugh!!

Re: Frustrated!!!

Anonymous — Tue, 08 Jan 2008 18:05:28 GMT

You are in a mess and yes I would worry the 20 days is almost up.

And you DO NOT want to send in a payment unless you get a letter stating they will remove or not report the collection if Paid, I believe.

Re: Frustrated!!!

SmartCookie — Tue, 08 Jan 2008 18:09:08 GMT

Regarding the CA, you should have DV'd them and then offered a PFD (if OC did not still own debt, then you deal with OC) once they validated. I would not want a paid collection on my reports even if it was settled legally for less than full. You can skip the DV process if you choose (or send one if you want) and then send them a PFD offer so that the TL is deleted on payment.

Regarding the judgement, contact NACA and make a complaint regarding that attorney and see who they can have replace her ASAP due to the circumstances. If it comes time to Answer and you still have no legal assistance, some sort of response is better than nothing. Call the Pro- Se clerk for the Court to guide you... and ask them to send you the Affidavit of Service so you can see if you were even properly served. Research all you can on the Court's website regarding judgements.

Re: Frustrated!!!

Anonymous — Tue, 08 Jan 2008 18:43:00 GMT

Well these guys said they would zero out the remaining balance on the account and report my account as a paid, zero balance to the CRAS...Should I recant and ask for PFD?...Or is it too late for that...They might not agree to it

Re: Frustrated!!!

SmartCookie — Tue, 08 Jan 2008 18:45:35 GMT

I think it is worth your while to DV and PFD, unless this is something that would be aging off of your reports very soon on its own.

Re: Frustrated!!!

SmartCookie — Tue, 08 Jan 2008 18:47:04 GMT

As well, a DV will help you out regarding the judgement situation... so you might want to get 2 DVs out.

Re: Frustrated!!!

Anonymous — Tue, 08 Jan 2008 18:49:21 GMT

Okies thank you for your help smartcookie!!

Re: Frustrated!!!

LuvsRetro — Tue, 08 Jan 2008 19:54:19 GMT

Does your summons have a court date to appear or is the amount over $5,000 in their complaint attached to the summons?

If they are saying you have 20 days to answer the complaint - which is usually the case if it is over $5,000 and not in Small Claims Court then you will need to send an answer and have it court stamped as received no later than the 20 days. You can just send a generalized answer with something like "I deny all claims" - just to stall for time. The judge knows that since you are not an attorney you probably won't have the proper language in your letter, just play it dumb, until you get an answer from your legal counsel. This won't go to the judge yet, but, will be in your file as your acknowledgement of the summons. Also, make sure you send a copy to whoever sent the summons to you. This just ensures no default. Make sure you attach a copy of the papers sent to you and also make sure the file number is on your signed denial or the court won't accept.

If it is under $5,000 then you most likely have a court date. Appear at the hearing, tell them that your attorney is working out a payment or payoff plan and you are still awaiting the final outcome to ensure no default judgment.

Re: Frustrated!!!

Anonymous — Tue, 08 Jan 2008 20:31:00 GMT

teamfico: No I dont have a court date...I believe this summons is through a collection agency...The amount is $4,080...If my attny doesnt call by the end of today then I will have to communicate with this collection agency..it's just weird how the attny hasnt responded to me when I clearly told her that I was avoiding judgement!!...She had said that she would negotiate for $1500 and then she'd call me in a couple of days well it's going on two weeks and I cant sit and wait on her..Ridiculous!!

Re: Frustrated!!!

SmartCookie — Tue, 08 Jan 2008 20:50:05 GMT

This is a Summons, not a Judgement... do not call the CA at this point. DV them CMRRR.

Assume Ms. Lawyer is not going to respond. File a complaint to NACA and the State Bar at a later time.

Call NACA and get a new attorney.

Answer the Summons by the date you need to regardless of anything. Make sure you were legally served.

If you have to go alone to the court date, you tell the judge that you are need time to obtain counsel. They will postpone.

If you call the CA and have no written proof of anything, expect a mess.

Re: Frustrated!!!

LuvsRetro — Wed, 09 Jan 2008 01:35:16 GMT

Please don't call the CA!!!!

What exactly does the summons say? Does it say you have 20 days to answer? What is the date of the last activity on this account - is it old?

That is really weird that you have a summons, but not a court date being that the amount is under $5,000.

Normal protocal is that you appear in Small Claims Court for anything less than $5,000.

Does it have a case number and court name listed?

Re: Frustrated!!!

LuvsRetro — Wed, 09 Jan 2008 02:24:48 GMT

Okay, I just went back and rechecked some of your postings on this. You say that the summons indicates that you have twenty days to respond and you also mentioned the amount being over $5,000. That makes more sense. The CA has evidently added something to it. So that can be your defense.

When it's not in Small Claims you have a lot more leverage. I would prepare an "answer" and have it ready, just in case your attorney hasn't contacted you prior to the 20 days. On the last day if nothing transpired from your attorney, just mail your general answer of denial CMRRR, then FAX a copy with the docs you received to the courthouse. They will record it. You will still have to mail the original. Then you wait for the CA to send you documents asking you questions about why you deny the claims. Then and only then write back to the CA and inform them you have contacted an attorney, give the name of the attorney and they will have to contact them. Make sure you keep checking recording to see if the CA has filed for a motion for hearing. Most times the Court will send you a notice of hearing, but not always. Sometimes atty's don't play by the rules and hope that you won't be watching for this. If you get a hearing notice, show up and tell the Judge you need more time to get an attorney. Judges are pretty good about allowing this. They won't discuss judgment info at this time. This should give you plenty of time to get the settlement agreement. Save everything, make copies of everything and never talk to a CA. Get it in writing.

Message Edited by teamfico on 01-08-2008 06:24 PM

Re: Frustrated!!!

Minnie — Wed, 09 Jan 2008 03:13:49 GMT

Get your answer in within 20 days or you could/will get a default judgment. You can go to the court clerk and ask for a pro se form. Like another poster said, you can just generally deny in your answer. It really doesn't matter all that much -- just get it in!!!

Re: Frustrated!!!

Anonymous — Thu, 10 Jan 2008 05:29:08 GMT

Ok so this attny sends me a letter telling me that I should deal with hudson & keyse on my own which I had already got a settlement letter from them in the amount of 1180 on a 5900 debt...Only thing on this one I didnt do a PFD ...at the time I didnt know much about PFD..instead I offered to settle for 1180 and that they should report to all CRAs "paid in full"...to which they replied upon payment they would "zero out the balance and report to all CRAs as paid in full...Should I still push for PFD?...Btw the DOLA on this account was on 3/06 and I reside in Nebraska.

On the summons that I recieved I dont have a court date..Just that I have to answer in 30 days (to a collection agencey here in Nebraska) so naturally I'm gonna do a PFD with them...This attny that was supposed to take care of this summons for me has really not taken any interest in this matter...After not returning my calls for like a week, I called her yesterday and she said she couldnt get a hold of anyone and if I dont hear from her in a couple of days I should just send a letter like I did with Hudson & Keyse...Makes me mad because I just wasted my time meeting with her and thought she'd take care of it so naturally I have to do this on my own...Had I known that was the case I would have taken care of this a week ago...Btw on this account DOLA was on 02/05...Any advice anyone?