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alana1970 · Oct 23, 2007, 07:57 AM

Hi, On the 7th of October I received a summons on a credit card debt from the original creditor. I went to the court on the 12th and filed a paper asking them to validate the debt. Sent it certified mail on the 16th and they received it on the 18th. I just got home and found they had called and left me a message wanting me to call them back. Should I call them back or wait for a court date? I live in NY

ScottGem · Oct 23, 2007, 08:02 AM

Call them back and see what they want. But do not agree to anything until you get verification.

excon · Oct 23, 2007, 08:03 AM

Hello a:

If you owe the money, you're going to lose and you'll owe even more. Plus they'll have a judgment that they'll use to waltz through your bank accounts taking what they wish. Yes, they'll take your paycheck too.

So, if you can avoid that, I'd try. Seems to me the only way to avoid that is to talk to them and negotiate a deal.

If you DON'T owe it, don't talk to them.

excon

alana1970 · Oct 23, 2007, 08:21 AM

Originally Posted by alana1970

Hi, On the 7th of october i received a summons on a credit card debt from the original creditor. I went to the court on the 12th and filed a paper asking them to validate the debt. Sent it certified mail on the 16th and they received it on the 18th. I just got home and found they had called and left me a message wanting me to call them back. Should I call them back or wait for a court date? I live in NY

I called them back and they said that if I send them a payment of $100.00 every month once they receive the first payment of $100 they would send me out a stipulation filed in the court and I wouldn't have to go to court anymore. The agreement would be for $100.00 a month.Is this okay?

ScottGem · Oct 23, 2007, 08:26 AM

Depends on whether you do believe you owe this debt, whenter interest will continue to be charged and for how long you have to pay the $100.

If you feel you do owe the debt, then I would send them a letter stating that you are willing to accept this payment schedule, but they have to FIRST put it in writing. They need to send you a letter stating how many payments of $100 you will have to make, by what date each month you have to make them, and that, as long as you make these payments they will cease any legal action against you. As soon as you receive that letter you will send them the first payment.

alana1970 · Oct 23, 2007, 10:16 AM

Here is where this gets confusing for me. When I sent them the letter on the 16th I requested for them to validate the debt. Previously I had called them to negotiate for 200 and they said no. I don't know if I should send them another letter to validate the debt or just send them a letter with our payment agreement. I do agree this is my debt I just don't agree on the amount? Plus I am dealing with attorneys not the creditor. Can someone help me?

excon · Oct 23, 2007, 10:26 AM

Hello again a:

In my view, you should decide which side of the fence you're on and act accordingly. If you owe the debt, then forcing them to validate it is a stop gap measure that only puts off the inevitable and pisses them off to boot. They might not want to do an agreement with somebody who's fighting them. Pay per your agreement.

But, if you DON'T owe the debt, fight with all your might. It's one or the other - either/or. It's NOT a little bit of both.

excon

ScottGem · Oct 23, 2007, 10:30 AM

I agree with excon. If they offer you a settlement you can live with then take it. But the settlement has to spell out everything.