Hello folks.
rn
rnVor about a year I was with a summons for a debt I owed, and I came on these forums with questions on how to answer it. I answered the charge properly and put it on my local town hall. Did not hear anything after that either the court or the lawyers that filed.
rn
rnEs now a year later, and I received a package in the mail from the attorney that the motion filed with a copy of several old statements (with a number I much less guilty than thte number that waved on the original was filed), a contract of sale by the creditor to several collection agencies (not included with my bill of sale or guilt, only the contract of sale by the creditor that a bunch of bad debts this demand collector.
verkauftrn
rnIn his letter to me, he told me to call him to discuss settlement.
rn
rnPaar red flags appeared: First, it is not by the courts, he wants to on the phone that I know talk is a no-no, he has. not really show me that they own the debt. It showed me only the account of the sale of a pile of debt. Who says that its my fault?
rn
rnWie I should reply in writing the law, as this is the only method that I use, to communicate with any debt collector?
Best Answer: "I got my unemployment and continued to, but he got maybe two checks, before he received a letter telling him that he couldn't receive benefits because he quit."
there's your answer……………….
Reply:File a motion to dismiss for lack of prosecution. It's been over a year and he's wanting to settle.
File the motion and get it calendared. Then call him…
The fact that you received something in the mail is enough to defeat the motion. New York courts are painfully slow, anyway. I've got two or three cases at work that have been waiting for a hearing date for nearly two years. A year is nothing. Don't waste your time.
Reply:File a motion to dismiss for lack of prosecution. It's been over a year and he's wanting to settle.
File the motion and get it calendared. Then call him…
Reply:I think the language in your note is a bit strong. Personally, I don't want to be forced to go to court, and in the end, I'd rather negotiate with the guy in writing without actually negotiating with the lawyer.
Then by all means, use only part of my suggestion, and tone it down.
How about:
The documentation you have provided is not satisfactory ( or maybe "inadequate" is better). In order to resolve this matter, I require a complete accounting of how plaintiff arrived at the amount he is claiming, proof that my account is included in the blanket bill of sale you provided, and (whatever else you want.) Due to the serious nature of this matter, I request that all communication be in writing, so that I may have records for my files.
Regards,
DH
On further consideration: you're no longer in the DV phase. You're engaged in a lawsuit. The things I mentioned are better requested through the formal Discovery process. Since this varies from state to state, you need to find out the right format for your state. DH
Reply:but keep in mind several important things.
1) If you settle for an amount less than is showed owing, they can sell that difference to another debt collector – make sure you get in writing that it is a full settlement and that the balance will not ever be sold.
2) Get them to take account off of your credit reports if possible – they may argue they cant make changes or they have to report accurately, so you just ask them to take account off, nothing says they have to report account, but if they report account it must be accurate.
3) Be prepared for any tax consequences – if it is over (I think it is $600) they will probably send you a 1099-c, not a big deal if it is a small amount.
Good Luck
Reply:This is not a "no-no." In fact, this is what the court hopes will happen. The court hopes that the two parties will engage in Discovery. This is the process by which each side shows the other their evidence. The court then hopes one side or the other will see that they can't win the case, then they will reach a settlement. The court hopes never to actually hear the case and have to make a decision.
Your response should be to inform the opposing lawyer that his evidence is not compelling, and you are not interesting in negotiating a settlement, and that you a willing to take the case to trial before a judge, in the event that he is not ready to dismiss his case.
Good luck.
DH
Well, no-no might be putting it strongly… To me, me personally contacting him for a settlement via phone just sounds like he's A) going to try and take advantage of me and B) realized he can't win the case in court.
I think the language in your note is a bit strong. Personally, I don't want to be forced to go to court, and in the end, I'd rather negotiate with the guy in writing without actually negotiating with the lawyer. In the end, I do want to settle the debt, but of course, I won't have enough liquid cash until Tax Time. So what I'm trying to ask is how can I get the situation delayed until February when I know I'll have money to negotiate. I guess what I'm looking for is a viable note to come back at him with that puts the onus on him to get proper validation.
I mean, can I ask for original signed contracts with the Origial Creditor to further prove that they are now the owner of the debt, and documentation that my specific debt was transferred to their collection company?
Reply:Couple of red flags popped up: First, he's not going through the courts, he wants to talk on the phone, which I know is a no-no.
This is not a "no-no." In fact, this is what the court hopes will happen. The court hopes that the two parties will engage in Discovery. This is the process by which each side shows the other their evidence. The court then hopes one side or the other will see that they can't win the case, then they will reach a settlement. The court hopes never to actually hear the case and have to make a decision.
Your response should be to inform the opposing lawyer that his evidence is not compelling, and you are not interesting in negotiating a settlement, and that you a willing to take the case to trial before a judge, in the event that he is not ready to dismiss his case.
Good luck.
DH
Reply:Why haven't you filed a motion to dismiss for lack of prosecution? You are telling us that you answered the suit a year ago and they haven't done anything with it until now? This is madness! Look up motion to dismiss for lack of prosecution.
Also, the documents he sent you are worthless. Were there any affidavits from the OC or previous debt buyers stating that the statements were truthful? If you cannot afford an attorney, please see legal aid or SOMEONE about this!
That's the fun in all of this, my friend. Dude's totally sidestepping the courts because he wants to talk to me in person. Heh, I know better.
Didn't think I had to file a motion to dismiss since it was past thirty days since I filed an answer. But hey, more paperwork is fine with me, I suppose.
Here's what he sent: Statements from the last 18 months and the chain of title of the debt. the chain of title of debt is two statements: One was the group who bought a group of debts from the original creditor: (don't know if I'm part of this or not) and an Assignment of Accounts to this laywer. Again, nothing with my name on it. The only thing with my name is statements from the original creditor.
Reply:Why haven't you filed a motion to dismiss for lack of prosecution? You are telling us that you answered the suit a year ago and they haven't done anything with it until now? This is madness! Look up motion to dismiss for lack of prosecution.
Also, the documents he sent you are worthless. Were there any affidavits from the OC or previous debt buyers stating that the statements were truthful? If you cannot afford an attorney, please see legal aid or SOMEONE about this!
November 23rd, 2011 
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