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| Questioner: |
ivan |
| Category: |
Collections Law |
| Private: |
No
|
| Subject: |
midland credit hassles |
| Question: |
Some
papers were seved at my house by a legal company, and the person that
presented the papers didnt ask who he was handing the papers to and I
get them 16 days later from my cousin who was house sitting at the
time. this is a civil suit for collections that i have been working
with the bank to pay back. NOW THIS IS GIVING ME A DATE TO APPEAR IN
COURT. What can I do? I have called the collection agency and they gave
me a lawyers office and when I called them I get no return phone call.
What will happen if I dont go to court and what steps can I take to
stop this. I was out of work for over a year and keeping my house was
more important than worrying over a credit card with ridiculous finace
charges. Please help with any advice.
|
| Answer: |
The question I must ask is what do you want to do? You
have some options at this point in time. Here are some of them. (1)Hire
an attorney who may be able to work out a deal for you to pay less than
they are currently asking. An attorney might be able to work out a
settlement of around 75% to 85% of what they currently ask. If you have
the cash to pay up you can probably avoid a judgment being granted
against you. It is unlikely that an attorney can just make it all go
away because they know they can easily get a judgment, garnish wages,
seize bank accounts, vehicles or whatever else they can find to seize
and sell at auction to get their money. If you don’t have the cash to
pay the settlement plus whatever the attorney wants then that option
won’t work for you. (2)Just ignore the whole situation, don’t respond
to the summons and let them get a judgment. Then the process I
mentioned above will kick in and you start getting called in for an
assets hearing and you will have to bring all your books and records to
court and turn them over to the plaintiff’s attorney so he can see what
you have that may be garnished or seized to satisfy the debt. (3)Learn
how to respond to the summons and complaint without hiring a lawyer,
learn how to catch the plaintiff’s lawyer violating the law and take
him to federal court and make him forget about ever collecting a crying
dime, pay you for your court costs, pay you for your time preparing
your case, pay you damages on top of that. It really isn’t hard to do.
Make them pay you and go away and leave you alone. So you tell me what
you want to do. If you choose option #3 just call me anytime.. |
Bill Bauer
CEO@Creditwrench.com
(405) 237-2174
(405) 227-9423
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