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View Full Version : Can talking to a creditor outside of the court be harmful to my case?


Edensmimi
Aug 20, 2007, 11:33 AM
As stated before We filed an Intend to defend and requested a hearing as well with the court and credit card company. The lawyer for the credit card company sent a letter wanting to discuss arrangements with us and try and keep it out of court as to save money. If we talk to them and explain we have no money to make arrangements with does that hurt our case in court further by talking to them out of court? Please help as time is of the essence here. My parents are not debt deadbeats, circumstances beyond their control has crushed their financial world.

mr.yet
Aug 20, 2007, 11:36 AM
Simply tell them to put their offer in writing

Edensmimi
Aug 20, 2007, 11:51 AM
Thank you Mr. Yet, you are always very helpful to everyone ;)

Clough
Aug 21, 2007, 02:47 AM
I would just like to add, that whenever you speak with people about something that is very important, it is best to have a witness present who you know and trust. This can be with things that happen on the phone or in person.

wickedimp
Aug 21, 2007, 02:53 AM
<snip>

Clough
Aug 21, 2007, 03:27 AM
The original poster is not talking about bankruptcy.

Edensmimi
Aug 21, 2007, 08:02 AM
<snip>


What exactly does this mean??

ScottGem
Aug 21, 2007, 08:13 AM
<snip>

I suspect Imp posted a response that wasn't applicable so he editied it instead of deleting.

As to your question. Not being able to pay is not a valid defense. So if you feel that you cannot pay anything, then I would not bother talking to the creditors. Just hope you can get the suit dismissed because they can't prove the debt. If they show proof, then the judge will grant them a judgement. Your response to that, that your parents have no assets nor income other than protected income.

excon
Aug 21, 2007, 08:14 AM
If we talk to them and explain we have no money to make arrangements with does that hurt our case in courtHello E:

I don't know what <snip> means.

It won't hurt your case but it won't help either. He wants to settle. He wants to negotiate. That's GOOD for you. Because if/when you lose in court, the judgment will be a whole lot HIGHER (maybe double when you add attorney's fees and court costs) than any settlement agreement you could come to - if you'd just speak with him and if you had a little cash.

He very well might settle with you for $.25 on the dollar...

excon

Edensmimi
Aug 21, 2007, 09:06 AM
Thank you to all of you for your help, it is greatly appreciated and I will post the outcome so that it might help others in their situation