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    soca01's Avatar
    soca01 Posts: 6, Reputation: 1
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    #1

    Jun 29, 2010, 10:28 AM
    Being sued by collections lawyer
    I am being sued by a collection agency lawyer for a cc debt from Citi. I called Citi, they said the debt was written off and out of their hands. I am replying to my summons, but the plaintiff on the summons is Citibank asking for the full amount. I am going to deny the amount and ask for discovery. Would the collection's attorney have the original contract?
    Also can I call the attorney direct and offer to pay about 20% of my debt in order to stop the suit.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 29, 2010, 10:32 AM
    Quote Originally Posted by soca01 View Post
    can I call the attorney direct and offer to pay about 20% of my debt in order to stop the suit.
    Hello s:

    Sure. But, he probably won't take 20%. 50% would be closer - in cash. But, if the guy did his homework, and knows you have money in the bank, then he might as well get a judgment, and then he can take it ALL out of your account - PLUS court costs and fees.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Jun 29, 2010, 10:34 AM

    Do not offer anyone anything just yet. How old is the debt, when was the last payment or acknowledgement made? Credit card companies sell off old debts that many times have expired SOLs and can't be forced to pay in court. What state are you in?
    soca01's Avatar
    soca01 Posts: 6, Reputation: 1
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    #4

    Jun 29, 2010, 10:42 AM
    The debt will be 2yrs old in July. This is in Florida. I owe, they say 28,888 which includes finance charges and interest.
    soca01's Avatar
    soca01 Posts: 6, Reputation: 1
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    #5

    Jun 29, 2010, 11:02 AM
    Can I make an offer to the attorney before my court date. I am requesting a jury trial.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jun 29, 2010, 11:09 AM

    If you make an offer you acknowledge the debt. Of course there is a good chance, with this large an amount, that they will have the documentation to prove it.

    Trying to head off a hearing with a settlement offer is a good idea. However, unless it's a lump sum settlement, they may not go for it without proceeding to get a judgment for their protection.

    By the way, the fact that Citibank wrote off the debt has no bearing on you.
    soca01's Avatar
    soca01 Posts: 6, Reputation: 1
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    #7

    Jun 29, 2010, 11:16 AM

    Thanks for your answers. If everything fails I guess I can file bankruptcy. Hope I don't have to. Ill offer 10,000 and see if they will accept it.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #8

    Jun 29, 2010, 11:17 AM

    The SOL in Florida is 5 years, with this being only 2 years old I am very much surprised Citi sold it. Considering the amount I guess I am amazed.
    soca01's Avatar
    soca01 Posts: 6, Reputation: 1
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    #9

    Jun 29, 2010, 11:25 AM
    I thought a SOL in fl. Is 4yrs. I may be mistaken.
    I called Citi directly and they put me through to Citi collections and they said that they did not have it. It went to a lawyer. They gave me the lawyer's name which is the same as on the summons.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #10

    Jun 29, 2010, 11:32 AM

    I thought so too but I always do a quick check and got this Statute of limitation for credit card debt collection, all 50 states
    soca01's Avatar
    soca01 Posts: 6, Reputation: 1
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    #11

    Jun 29, 2010, 11:38 AM
    I had made an offer of 8,000 before through a debt agency and it was turned down. Thought I will more successful if I offer 10,000.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #12

    Jun 29, 2010, 12:28 PM

    The day you made that offer the SOL started running new again from that date.
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