Frustrated!!!

[Anonymous]

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!!

[Anonymous]

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.

[SmartCookie]

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.

[Anonymous]

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

[SmartCookie]

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.

[SmartCookie]

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

[Anonymous]

Okies thank you for your help smartcookie!!

[LuvsRetro]

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. 

[Anonymous]

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!!

[SmartCookie]

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.