Question about default entry debt

[Anonymous]

I received a Default entry for a debt from a phone company. The amount owed total is saying $981.46. I sent them a verification of debt letter and they did send me a copy of the last bill I received from TDS metrocom dated 6/17/2005. The total amount due on THAT is $501.08.

My question is can I still send them a settlement offer? They do have a default judgement against me saying I owe $981.46.  It says in the letter that they were unable to serve me, so I never even knew about the debt. Also I would have had 21 days to file a motion. The only thing is that they waited 10 days to even mail this out and I didn't get it before the 21 days. 

Also, If I can file a settlement offer should I base my settlement amount off the original debt of $501 or there default judgement amount of $981?

Thank you  

[RobertEG]

From what you have said, you apparently have a court-ordered judgment.  The court resovled the amount.

If the debt was yours, it is kinda hard to plead that you did not know of the debt.  Constructive knowldege under the law.  Maybe you did not know about the service of legal action against you, but difficult to plead that you did not know of the debt.

If you want to fight the court-ordered judgment against you on the basis that you were not served notice of the legal action , then you need a lawyer. 

If you are willing to make an offer to the plaintiff for settlement for less than was awarded them in their judgment, that involves negotiation directly with the creditor.  If they accept less than the amount of the judgment as settlement, that is between you and them, and requires that whatever payment you povide be preceeded by written agreement on their part that your payment is accepted as a full discharge of their judgment.

[IOBA]

1.  The CA could not find you to serve you papers about court, but they could find you to send you a collection notice???

2.  Did you save the envelope with the postmark on it, to show that you did not receive it in time to meet/file within the 21 days?