Hi, I have a bad debt that was turned over to a collection agency. They got a judgement against me, but I got it vacated because they had not served me papers and fabricated a signature on the documents.

What I would like to know is if I should try to settle this out of court (in two weeks) or if I should go before a judge. I owe the original creditor about 1/5th of what the collector is asking. I also know that they have bought the debt for pennies on the dollar. How do the cases generally pan out before a judge?

Thanks so much.

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Originally Posted by nsink

Hi, I have a bad debt that was turned over to a collection agency. They got a judgement against me, but I got it vacated because they had not served me papers and fabricated a signature on the documents.

What I would like to know is if I should try to settle this out of court (in two weeks) or if I should go before a judge. I owe the original creditor about 1/5th of what the collector is asking. I also know that they have bought the debt for pennies on the dollar. How do the cases generally pan out before a judge?

Thanks so much.

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The judge will generally set up a payment plan which is negotiated with you and the collection agency.
If you own up to the debt, then you are required (based on the contractual stipulations) to pay.
Yet, I have seen a sprawl of current cases of this type which have passed it statute of limitations. Check to see just want that is per your case and relative to the state in which the judgement is filed (where you live).
Some states allocate 7 years, some are 10 years. If the statute of limitations has passed then you should seek to have the matter exonerated based on credit and debt laws within your state. These laws still exist, yet consumers must be knowledgeable to use them.

Hope this helps.
Tomy M. Hall, MS

Once you are in court, ask the plaintiff to see the original contract your signed. No contract, no claim

ALso if only attorney shows for the hearing Move the court to dismiss lack of jurisdiction, Attorney cannot testify for their client, no oral or in brief, plaintiff must be present for you to cross-examine. No Plaintiff, No Case.

Court is all about procedure, so if they don't have the original, do admit if yours until the produce the original to conpare signatures.

Thanks so much for the information. I know the statute of limitations is not up on this one, but I'll re-check; and I'll definitely ask for the original contract and plaintiff presence.
Thanks.