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    mjf275e's Avatar
    mjf275e Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 21, 2008, 12:53 PM
    Debt Summons and best way to proceed
    I just had a debt summons served to me for a bad debt.

    Before this summons occurred, I had been in verbal communication with the debt collector, requested validation of the debt, etc.. They employed a local attorney who I had written communication with and they provided me written validations of my debt. The local attorney proceeded no further.

    Then I received a new correspondance from an attorney that was NOT local beginning the whole process again. Thinking the collector was coming to an end of his road, I did not respond to this other attorney. Then, the summons came through this non-local attorney.

    My questions are this:

    1) I realize that I owe the debt ($16,500), but there is no way that I can pay it. I don't make much money. I literally own nothing, and am starting from scratch again. How would I negotiate a settlement if can't pay?

    2) I realize that this is a bad debt and the collector has purchased it for pennies on the dollar. How would I begin a negotiation in my circumstance let alone complete it to my satisfaction?

    3) I don't want to go to court, however, a summons has been served on me. Can I avoid this? Like I said, I literally have nothing and am starting from scratch. I don't want to declare bankruptcy for such a relatively small sum of money.

    Any advice on how to move forward and resolve this would be greatly appreciated. Thank you.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
    Ultra Member
     
    #2

    Jun 21, 2008, 03:01 PM
    You know you owe the money, and you know that they can prove it.

    You can't not go to court, that will just result in a default judgment against you.

    You could try to negotiate with the attorney, but if you have nothing to pay, you have nothing to negotiate.

    I would recommend that you talk to an attorney, I'm sure you can find one that will give you an initial consultation at no charge, but even if the attorney is willing to negotiate this debt, you would have to be able to pay something, as well as being able to pay the attorney.

    If you really have zero to pay, you don't have much chance of avoiding this judgment.

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