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-   -   Can talking to a creditor outside of the court be harmful to my case? (https://www.askmehelpdesk.com/showthread.php?t=121247)

  • Aug 20, 2007, 11:33 AM
    Edensmimi
    Can talking to a creditor outside of the court be harmful to my case?
    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.
  • Aug 20, 2007, 11:36 AM
    mr.yet
    Simply tell them to put their offer in writing
  • Aug 20, 2007, 11:51 AM
    Edensmimi
    Thank you Mr. Yet, you are always very helpful to everyone ;)
  • Aug 21, 2007, 02:47 AM
    Clough
    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.
  • Aug 21, 2007, 02:53 AM
    wickedimp
    <snip>
  • Aug 21, 2007, 03:27 AM
    Clough
    The original poster is not talking about bankruptcy.
  • Aug 21, 2007, 08:02 AM
    Edensmimi
    Quote:

    Originally Posted by wickedimp
    <snip>


    What exactly does this mean??
  • Aug 21, 2007, 08:13 AM
    ScottGem
    Quote:

    Originally Posted by wickedimp
    <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.
  • Aug 21, 2007, 08:14 AM
    excon
    Quote:

    Originally Posted by Edensmimi
    If we talk to them and explain we have no money to make arrangements with does that hurt our case in court

    Hello 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
  • Aug 21, 2007, 09:06 AM
    Edensmimi
    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

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