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New Member
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Dec 27, 2008, 07:34 PM
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Upcoming mediation date
I have a mediation date scheduled soon for a credit card debt. I received the summons and answered it months ago. I originally denied the validity because I did not agree with the amount of the debt and did not know who these people were that were taking me to court. It turns out that the debt was sold to a third party and they are suing me. I don't agree with the amount they want me to pay because it is extremely more than what the debt was but I am willing to pay the original debt off.
Is there any advice someone can give for me going into mediation? I want this to be fair. I don't want to get taking advantage of because I can't afford a lawyer to advise me. I am unable to pay the amount owed in full so will I be able to make payments? Is this something the otherside generally will agree to?
Any help would be appreciated.
Bluvd
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Expert
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Dec 27, 2008, 08:57 PM
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Old debts can double and triple fairly easily, with interst, late charges, legal fees and more.
If they have a good case, they may not accept anything but a payment plan, esp if your state allows garnishment. So you can start with offering to pay the original debt ( assuming you can write them a check) And then you go from there.
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Ultra Member
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Dec 29, 2008, 08:34 AM
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When your go the hearing,demand to see the original contract you signed, they must have it. If they don't, don't admit and agree to anything until they prove their claim.
Remember no contract, no claim. Just because they allege the owner it, they must prove it.
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New Member
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Dec 29, 2008, 04:00 PM
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Thanks mr. yet. I previously requested the signed contract. And they were unable to provide the signed contract. They did however send copies of old statements from 2005 showing balances that had an old address of mine on it. If they can't provide the signed contract will we then have to go before a judge to settle this? I don't want a judgement on my credit. What do you suggest. I have began to clean my credit up and this was the last thing to tackle and before I could do that I receive a summons.
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