How would I proceed with a PFD in this case?

Anonymous · ‎04-01-2009

I was summoned by a CA's attorney over an account (above $3000 after judgement) that was going to court and to apply with the court within 20 days. I did so, but I also called the CA about settling. They offered to take $1000 to clear out all that was owed. Due to a move I have been holding off contacting them. They have called three times. I do want to clear this up, but truly want a PFD (who doesn't).

Am I in a position to request a PFD with the $1000 settlement for this situation? If so, how would I go about that? What is the best link to find a letter to present to the attorney?

Anonymous · ‎04-02-2009

IMO, avoiding a judgment is much more important than getting a PFD.

If they are willing to settle for $1000 and consider the debt PIF and dismiss any court cases and not seek judgment, jump on it. Forget about the PFD. You can always GW them.

You need to get a letter from the attorney that states some specifics--

1) Account number XXXXXXXXX will be considered paid in full with no amount due for a lump sum payment of $1000 to be paid by XX/XX/2009

2) The plaintiff, "Collection Agency", and their attorneys, "Attorney name", agree that upon receipt of this payment that they dismiss any claims they have against "Your name" in a court of law and will not seek a judgment on the above referenced debt.

I know I am probably forgetting something, but just make sure the letter is written to protect YOU.

Also, you need to contact the courts, find out if you are supposed to file anything before court or not. If so, file it stating that you are the plaintiff have settled and they agreed to drop suit. If you are not to file anything, then you appear on the court date or make certain from the courts, not the attorney, that the case has been cancelled and all court dates are off. If if you are to file something and you do, you follow up to make sure the case is dropped.

Don't trust the attorney's or CA's word for it.

Message Edited by sidewinder on 04-02-2009 06:30 AM

Anonymous · ‎04-03-2009

@Anonymous wrote:
IMO, avoiding a judgment is much more important than getting a PFD.

If they are willing to settle for $1000 and consider the debt PIF and dismiss any court cases and not seek judgment, jump on it. Forget about the PFD. You can always GW them.

You need to get a letter from the attorney that states some specifics--

1) Account number XXXXXXXXX will be considered paid in full with no amount due for a lump sum payment of $1000 to be paid by XX/XX/2009

2) The plaintiff, "Collection Agency", and their attorneys, "Attorney name", agree that upon receipt of this payment that they dismiss any claims they have against "Your name" in a court of law and will not seek a judgment on the above referenced debt.

I know I am probably forgetting something, but just make sure the letter is written to protect YOU.

Also, you need to contact the courts, find out if you are supposed to file anything before court or not. If so, file it stating that you are the plaintiff have settled and they agreed to drop suit. If you are not to file anything, then you appear on the court date or make certain from the courts, not the attorney, that the case has been cancelled and all court dates are off. If if you are to file something and you do, you follow up to make sure the case is dropped.

Don't trust the attorney's or CA's word for it.

Message Edited by sidewinder on 04-02-2009 06:30 AM

Thank you Sidewinder. I have contacted them and am waiting to see if the settlement amount is still acceptable. Can I simple state that I need a letter with this information or wait to see what documentation they provide? I don't want to upset them.