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    Anneorexic's Avatar
    Anneorexic Posts: 3, Reputation: 1
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    #1

    Dec 12, 2007, 03:55 PM
    Pre-trial conference/mediation debt summons
    I just received a summons for a pre-trial conference/mediation from Asset Acceptance. I have researched the "intent to defend" and how to respond to a summons. My debt agency that helped with paperwork between me and the creditors is going to offer a 650 settlement. The originial debt was for about 850. But when these guys bought it, they claim the price was at 1239. It has been inactive for over 3 years. However, I am curious if I file my intent to defend. Then file the debt verification with the collection agency. Where does the settlement offer fit into it?
    If I file the intent to defend, am I now held to appear in court if the collection agency and I settle before the court date of Jan. 7?

    I already have my paperwork organized, ready to print, and send off. But is this necessary for a pre-trial mediation summons?

    Thanks
    Anne
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Dec 12, 2007, 09:45 PM
    Ordinarily, one can settle a claim until the time a judgement is rendered by either the judge or jury; and in some cases, a settlement may be entered into following the judgement, which in that event, a contract is entered into. I have no idea what you are talking about as far as the procedure in your state and in your court, but in most courts you can get a copy of whatever you want from the other side so that you can be certain that the collection agency paid 1239. You might visit with the judges secretary or law clerk and ask a few questions and see how much they will help you. Otherwise, you had better get a lawyer.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #3

    Dec 13, 2007, 05:09 AM
    Do file the Notice of Itent to Defend. File the Debt verification now. At the hearing you can demurr until they provide validication of the alleged debt. Remember they must prove it not you.

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