PDA

View Full Version : I settled after being served, good thing?


taaars
Oct 31, 2007, 01:16 PM
Hi all, very new to this, I was doing some web surfing because today I got served, well, I got the sheriffs card on the door about court papers, so I go nervous and went on my local circuit court page and found the one and only case of a summons, but no court date. I tracked down the creditor and eventually got the attorney handeling the case. I called them, they said they did submit a summons, I was afraid of any judgements, I did recall the old debt from the CC company, and they told me I owed like 2300 .
I never got a letter from the attorney office before, so I am not sure if they were in their right to send my case to court already, however I will admit that I did receive a letter in a few months ago from the collection agency her company is representing about the debt, that's why I did not dispute what she said, (However I did try to settle about a year ago, and no one ever denied or accepted my settlement, so it was left owed)
The lady I spoke to was not hard pressed for me to pay, she was very cordial, I explained to her I never got a letter from their office in the past, but only this summons. I asked her if I could settle the balance for maybe 900, she said she could take min 1800.00, told her honestly I could not afford that, but maybe a payment plan, she said If I could come up with 500.00 dollars in one month then 150.00 each month after that till the debt is paid? I said I could, she said that she would draw up the papers and even asked me what date would I want to start, she said I could talk to my wife for the right day of the month to make payments so it will be done on time. She will the write up a payment plan agreement and have the summons cancelled. She even mentioned that after I make the 500.00 payment and have some more money the following month I could ask for a smaller settlement which at that time they may take? (maybe setting me up to pay another 500.00 and close this?) :confused:

She said I could call her tomorrow about the date and she will have it faxed to me, then I could fax back the agreement, but also I would need to mail the original.

Was I just owned on this settlement, or was it a good choice on my part? I am stepping up to pay this debt, I know I owe it (well most of it, damn interest and LC they added after is probably 500.00 of the balance)

mr.yet
Nov 1, 2007, 04:14 AM
Just make sure you get the settlement offer in writing.

ScottGem
Nov 1, 2007, 06:58 AM
If you want to avoid the judgement then it was a good deal. As Mr Yet said, make sure you get it in writing. The agreement should include a statement that they will withdraw the suit and will not pursue further legal action as long as payments are made. As soon as you get this agreement forward it to the court asking that the suit be dropped.