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KnowLaw · Dec 3, 2008, 11:42 AM

I received a summons in July from a law office. I answered the summons within the 30 days allowed in GA.

I received a Plaintiff's Discovery Request packet dated for September 9th. On September 12th I received a letter from the law office dated September 8th stating they had received my filed answers and they wanted to discuss the matter in further detail; and that their client does not wish to cause me any unnecessary inconvenience.

In regards to the initial Plaintiff's Discovery Request I did not answer the Discovery, because it was not court order and I thought the Plaintiff was trying to get me to validate the debt. On November 28, 2008 I received a notice stating a Plaintiff's Motion for Summary Judgment was filed against me in my county court. On December 1, 2008 I received a Notice of Civil Bench Trial.

At this point I have no time to appear in court and I want to settle with the Plaintiff in regards to the credit card debt in the amount of $1095 without a judgment on my credit report. My question is how do I contact the law office and what should I state in my settlement letter?

Thank you very much!

ScottGem · Dec 3, 2008, 12:06 PM

I would write the plaintiff and suggest that you are not sure of the valditiy of the debt. Request that they provide proof of the debt and if they can you would be interested in settling it.

Fr_Chuck · Dec 3, 2008, 12:08 PM

Is that the amount they are now suing for. Or is there a lot of legal fees added on?

You can state that while not admitting you owe the debt, you would be willing to pay... amount as payment in full.

Remember if you have a job, or a bank account they can just get their judgement and get the full amount from you in ganishments. So your offer needs to be very good.

KnowLaw · Dec 3, 2008, 01:14 PM

Even though I have a trial date on the 18th. I can still ask them to validate the debt? My goal is not to go to court. In the letter they mentioned contacting them for settlement.

The total they have listed is $1069+$375.26 for pre-judgment interest as well as all costs of court.

Your responses are very helpful and I really do feel equipped to deal with these snakes!

ScottGem · Dec 3, 2008, 01:24 PM

They have to prove the debt to be valid before a judge awards a judgement, unless it's a default judgement (where you don't show up).

If they can't prove the debt them you get a dismissal.

KnowLaw · Dec 3, 2008, 01:25 PM

Let me get this straight, event though I have a court date on the 18th. I still can request for validation of the debt? I truly want to settle before the court date.

The Plaintiff is asking for $1069.25+$375.26 per-judgment interest+all costs of court.

Thank you so much your responses they are really assisting me!

ScottGem · Dec 3, 2008, 01:29 PM

Yes, Again, they have to prove the debt. You are entitled to see that proof. If they know you know that and they feel they may not have sufficient proof, then may be more amenable to a settlement.

KnowLaw · Dec 3, 2008, 02:49 PM

WOW!

In my letter for the validation of the debt how long do I give the Plaintiff to validate the date? 30 days? Also if I give them the 30 days this will run into December 18th. Do I ask for a continuance from the court?

THIS SITE IS AWESOME. I MAY HAVE HAD TO TAKE A DAY AND RESEARCH BUT I AM SAVING MYSELF A LIFE TIME FROM DEBT!

THANK YOU! SCOTT BLESS YOU!

ScottGem · Dec 3, 2008, 03:26 PM

You can either give them 2 weeks, to conform to the 12/18 date or ask for a contiunace on the gorunds that you gave them 30 days to provide verification.