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AkeemErac · Jun 22, 2009, 05:38 PM

I have a court date coming up in a couple of weeks, I'm being sued by a 3rd party collection agency. I was sent a disk that say discovery and some other documents. What should I be trying to do at this point. Should I send something to the company asking for proof of the debt?

DrJ · Jun 22, 2009, 05:48 PM

What is your goal? Are you disputing the validity of the debt?

JudyKayTee · Jun 22, 2009, 05:54 PM

Originally Posted by AkeemErac

I have a court date coming up in a couple of weeks, I'm being sued by a 3rd party collection agency. I was sent a disk that say discovery and some other documents. What should I be trying to do at this point. Should I send something to the company asking for proof of the debt?

What do you mean you were sent a disk?

What is your defense to the action? Do you owe the money?

And where are you?

AkeemErac · Jun 22, 2009, 05:57 PM

Originally Posted by DrJizzle

What is your goal? Are you disputing the validity of the debt?

Thanks for the response,

If possible I would like to settle for a reasonable amount but when I tried to call and set up a reasonable payment they didn't except the offer

AkeemErac · Jun 22, 2009, 05:58 PM

Originally Posted by JudyKayTee

What do you mean you were sent a disk?

What is your defense to the action? Do you owe the money?

And where are you?

Thanks for the response,

I'm in Missouri, the disk is a 3.5 floppy that stats word document discovery

JudyKayTee · Jun 22, 2009, 05:59 PM

I'm sure you are aware that they are under no obligation to accept less than what you owe, plus fees and costs. If this is your debt and there are no impediments to obtaining a Judgment they will probably obtain the Judgment.

That will give you another opportunity to offer payment now.

BUT if you didn't keep your agreement to make the appropriate payments on the first debt (the credit card itself) they will be a little suspicious that you will keep up with your agreement to pay off the Judgment.

DrJ · Jun 22, 2009, 06:27 PM

Originally Posted by AkeemErac

Thanks for the response,

If possible I would like to settle for a reasonable amount but when I tried to call and set up a reasonable payment they didn't except the offer

You can try to settle now before it goes to court but you better come prepared with a good offer. They have no obligation to accept any offer you give them and they have every right to sue you for the total amount of the debt plus fees, penalties, legal fees, etc.

Are you employed? Do you own a home? Do you have money sitting in a bank?

If the answer to each of those is no, you may have a little bargaining power as they will have no way to collect whatever is owed. If you tell them this and offer them a full payment on a settled amount upfront, you may have a chance to keep it out of court.

Otherwise, they will likely be granted the judgment and then attempt to garnish your wages, which can be up to 25% of your wages (10% if you are head of household).

A couple weeks away is a bit late... you got to act fast on these things.