So I received a summons which I answered, I have a mediation date 2 months from now. I have sent Kream and Kream the attorney handling the civil suit a certified letter trying to negotiate a pay off amount. The last recorded amount on my credit report is $6657, they are suing me for $10,798. I offered them $2,000 payable immediately. I just called them to say you haven't responded to my letter and he said the debt is now up to $12,000 and they will only take a settlement of $10,268 and that he had my final credit card statement showing the debit to be $6400 something.

So what do I do now? Do I hire a lawyer? Do I offer them another settlement and keep sending them certified letters to show the judge I tried to settle. They have never verified the debit which I asked them to do a year ago but didn't send it certified I didn't know you were supposed to, but I have a copy of the letter.

I know the debit is mine but I don't want to pay double the debit in fees to a company that paid .03 cents for it! What typically happens if you go to court, if they don't have my original signature I win and pay nothing is that true? And if they do have it.. will I have to pay this inflated amount or does the judge knock some off?

I want to pay this off but I don't want to be ripped off.. and I don't want to pay a Lawyer for something I can do on my own.. but can I do it on my own, could he negotiate for me without going to court?

Help!

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Originally Posted by berlyfly

... Do I offer them another settlement and keep sending them certified letters to show the judge I tried to settle. ...

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The judge probably won't care. They don't have a duty to settle for anything less than the full amount owed.

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Originally Posted by berlyfly

... What typically happens if you go to court, if they don't have my original signature I win and pay nothing is that true? ...

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No. Most rules of evidence reasonably provide that a copy is as good as the original, unless there is some reason to suggest that the copy is not accurate. If they ask "Did you sign it?", you will have to admit that you did. Sometimes in debt collection cases like this creditors (or assignees of creditors) can prevail even if they can't come up with a copy of your signature, by arguing that you received the benefit of the credit card (or whatever).

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Originally Posted by berlyfly

... will I have to pay this inflated amount or does the judge knock some off?...

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No. Sorry. A judge can't knock some of it off just because he likes your pretty face. Judges have to follow the law. If you owe it you owe it.

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Originally Posted by berlyfly

... could [a lawyer] negotiate for me without going to court?

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Yes, but even a lawyer needs some arguments to negotiate with. Just saying "I'm a lawyer, so let's knock ____% off if this" isn't going to work.

So you are saying no matter what I do I have to pay the full amount? Why do I keep reading all this info that says call and make an offer, offer $.30 on the dollar etc What's the point of going to court then if you're just going to pay the full amount? Is going to court going to be worse in the long run because if I lose will I have to pay their legal fees as well?

You ran up the debt in a certain dollar amount and agreed to pay certain fees and costs if you defaulted. Now you don't want to do that.

You read "all this info" because a lof of "this info" is a scam, pure and simple.

You will pay legal fees whether you appear or not.

Maybe somebody bought this debt for 3 cents on the dollar. The fact remains that the ORIGINAL CREDITOR is now "out" the full amount of the debt and the buy-out company is "out" 3 cents on the dollar.

You aren't being ripped off. You've owed the money and haven't paid it for a certain period and agreed to the terms when you got the credit card/account/whatever it is.

Other people whose interest rates are being raised because your creditor took a hit on this are the ones being ripped off.

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Originally Posted by berlyfly

... if I lose will I have to pay their legal fees as well?

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"Legal fees" can mean many things.
In most states, the judgment shouldn't include attorney fees unless specifically agreed by contract.

A judgment will, however, include interest and "costs" (filing fees, etc.).

The plaintiff has to prove three things:
1) that you incurred the debt
2) that you didn't pay the debt
3) That they have a legal right to collect on the debt

Courts have become increasingly more plaintiff friendly in accepting evidence of the debt. But, if they can't prove you incurred the debt (and that seems highly unlikely since they have proof you agreed to settle) then you might be able to have the suit dismissed.

It is up to the creditor as to what they will take in settlement. You offered less than 20% which is laughable. I would have started at 50%. The plaintiff may also feel that you are capable of paying in full, either by a levy against assets or a garnishment of wages and that's why the won't settle.

You are right I am the cause of the credit issues in this country! People don't walk away from debt because they have tons of cash in the bank.. clearly we have circumstances that lead to not being able to pay, but thanks for your words of wisdom

Thank you

I offered 29% because I settled for that amount with two other credit cards and they took it happily. I offered 29% of the total including interest.. on this card I offered 29% on the original debt only.. I will increase my offer.