Ask Me Help Desk - Received notice to appar for pretrial

Hi I'm new here. Wish I had read posts here before.
My husband was served with a notice to appear for pretrial conference/mediation. The plaintiff is an attorney on behalf of a credit card company. I called the attorney and asked what can I do to not have my husband go to court? The amount listed in the notice is $1,080.28. He said hubby now owed over $2,000 which included interest, filing fees and attorney fees. I asked if we could settle for $1,200 and he said he would check with the client and get back to me. Well they never got back to me and for 2 days I called them. On the 3rd day the attorneys office said they wouldn't settle for less than $1,500. I asked for something in writing and they did send me something for my husband to sign but it was not signed by the attorney nor was it dated. I faxed them back and asked that they send something with their signature and a date. They are also requesting that I do a check by phone (which I will do from my account and not my husbands). I pulled his credit reports and there is something on it from Wells Fargo (who was the original credit card company) but it does not match the account number the attorney has indicated. Not only that, we have received a letter today from a totally different attorney in another city that is trying to collect for Wells Fargo only this one appears to have the correct account number as the one Wells Fargo is noting on the credit report. Is it possible that this is the same account? I really would like to avoid having my husband go into court, he is not the best in those surroundings, not even close and would probably make things even worse. His credit is a mess and he owes everybody due to a medical problem. We want to make things right so his wages are not garnished and his employer sees that. Any suggestions on how we should handle this situation would be greatly appreciated. He was served 8/23 and the court date is 10/27. I just want to make sure we don't negotiate and pay this one attorney and then find out we are/can be sued by another attorney also. Thanks so much and sorry this is so long.

Quote:

Originally Posted by palms1124

Hi I'm new here. Wish I had read posts here before.
My husband was served with a notice to appear for pretrial conference/mediation. The plaintiff is an attorney on behalf of a credit card company. I called the attorney and asked what can I do to not have my husband go to court? The amount listed in the notice is $1,080.28. He said hubby now owed over $2,000 which included interest, filing fees and attorney fees. I asked if we could settle for $1,200 and he said he would check with the client and get back to me. Well they never got back to me and for 2 days I called them. On the 3rd day the attorneys office said they wouldn't settle for less than $1,500. I asked for something in writing and they did send me something for my husband to sign but it was not signed by the attorney nor was it dated. I faxed them back and asked that they send something with their signature and a date. They are also requesting that I do a check by phone (which I will do from my account and not my husbands). I pulled his credit reports and there is something on it from Wells Fargo (who was the original credit card company) but it does not match the account number the attorney has indicated. Not only that, we have received a letter today from a totally different attorney in another city that is trying to collect for Wells Fargo only this one appears to have the correct account number as the one Wells Fargo is noting on the credit report. Is it possible that this is the same account? I really would like to avoid having my husband go into court, he is not the best in those surroundings, not even close and would probably make things even worse. His credit is a mess and he owes everybody due to a medical problem. We want to make things right so his wages are not garnished and his employer sees that. Any suggestions on how we should handle this situation would be greatly appreciated. He was served 8/23 and the court date is 10/27. I just want to make sure we don't negotiate and pay this one attorney and then find out we are/can be sued by another attorney also. Thanks so much and sorry this is so long.

First and most important - answer the papers he was served. Do not fail to answer or there will be a Judgment against your husband.

No way to tell if it's the same account - my guess would be if there are different WF account numbers, it is NOT the same account; if there are different COLLECTION OFFICE/ATTORNEY account numbers, it could be.

And I would not send or sign anything without a written, signed agreement that the payment is in full settlement of the debt, complete with account numbers.

Is the debt within the legal Statute - what State?

First of all, thank you for responding! We are in Florida and it was not paid since 2006 so yes it is within the legal statute. They did send me a stipulation for entry of final judgement execution withheld for my husband to sign and fax back. It does say that it resolves the claim sued on and any possible counterclaim. It doesn't mention the account number though. I am going to call them now and see what they say. Thanks again!

Quote:

Originally Posted by palms1124

First of all, thank you for responding! We are in Florida and it was not paid since 2006 so yes it is within the legal statute. They did send me a stipulation for entry of final judgement execution withheld for my husband to sign and fax back. It does say that it resolves the claim sued on and any possible counterclaim. It doesn't mention the account number though. I am going to call them now and see what they say. Thanks again!

Thanks you for the prompt response - it gets frustrating when people post, anyone answers and asks a question and the poster never comes back!:)

Let us know how you make out - and it sounds like you struck a good deal with the settlement amount.

You might also considering adding words similar to "in full and total settlement of any claims by WF against [name]."

You really should also get verification of the debt. Feel free to explain to the first attorney that your research has found another creditor attempting to collect what may be the same debt. You are still willing to accept the settlement offer, but you need proof of the debt and their right to collect on it.

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Originally Posted by ScottGem

You really should also get verification of the debt. Feel free to explain to the first attorney that your research has found another creditor attempting to collect what may be the same debt. You are still willing to accept the settlement offer, but you need proof of the debt and their right to collect on it.

Good catch.

Well I gave them the money and was told I would receive a voluntary dismissal document in the mail in 30-60 days. Yes, I noticed that people ask questions get the answers they need and then don't bother anymore. It is wonderful to ask questions here and have people answer you! This is not the only debt he has. I wanted to get this one out of the way as he was served for a court date and that was so scary to me. I have found a validation form letter I am going to send to the other collection agency before it gets to the court stage. Thanks so much again!

One more thing, should we consider going to a debt helper service for the other problems regarding credit cards as now I have no money to make settlement lump sum offers. We would have to set up a payment plan. If so, does anybody recommend any companies to use? There are so many out there and a lot of horror stories about them! I'm sure learning a lot.

A good reputable debt counselor can be a great help. Unfortunately I have no personal experience that I can use to recommend anyone.

Quote:

Originally Posted by palms1124

One more thing, should we consider going to a debt helper service for the other problems regarding credit cards as now I have no money to make settlement lump sum offers. We would have to set up a payment plan. If so, does anybody recommend any companies to use? There are so many out there and alot of horror stories about them! I'm sure learning alot.

Does your County offer this service - NYS Counties do (or did) and it's funded with taxpayer monies, on the up and up.