I took out a loan for $1,200 for a relative with the promise that they would pay the bill. They let the bill lapse and now it is almost $10,000. I was sued by the company and was told to submit a response. I responded and told them how I tried to set up payment arrangements but the creditor would only agree to $500 a month vs. the $150 I was able to pay. I contacted the court and was told that a hearing for payment scheduling was set up. Two days before the hearing, my creditors lawyer contacts me and tells me that he cannot make it to court and wants to act as an intermediary between me and the creditor. He said that he would send me a letter that he wants me to return to him with my pay stub and monthly expenses. And that "we" will come up with a monthly payment that I can afford and he will take it to my creditor for approval. He told me that I did need to go to court, because they only want to know if I'm disputing the debt. And that the creditor may not agree to me paying them.
2006-12-05 15:45:31 · 8 answers · asked by Jaime F 1 in Politics & Government ➔ Law & Ethics
GO TO COURT! Let the court decide what payments are fair. That way, you won't be harassed at wortk and at other family member's homes to pay more. Don't forget to take your pay stubs, and your billsto show that you indeed cannot afford what the creditor is asking. If the creditor doesn't show up, you may not have to pay anything.
2006-12-05 15:55:22 · answer #1 · answered by judy_r8 6 · 0⤊ 0⤋
The court will not tell you anything (aside from where and when to appear) until you go before the judge. They can't do anything else.
Go to court, like everybody else suggests. If you do not go things will be bad for you. If you go and they don't, things can go very well for you.
Do not agree with their lawyer's proposial. It could very well be a trap to lock you into something the courts would not allow otherwise.
When going to court, you will need to take all paperwork the creditors gave you, everything you ever signed in this matter, proof of your current wages and a detailed expense report (other bills you have to pay, food, rent, transportation, insurance, etc.). The stronger your case that $150 is all you can afford, the better.
Remember to ask that the interest be frozen 1000% interest is outrageous.
2006-12-06 00:56:54 · answer #2 · answered by Kevin k 7 · 0⤊ 0⤋
GO TO COURT. The lawyer works for the other side and he will say whatever he wants and then DO whatever he wants (which is to collect money for them because he gets a percentage of what he collects)! You have an honest dispute...the debt is yours because it is in your name, but you tried to set up payment arrangements, (I hope you wrote down the day and who you spoke to ), so go to court. Tell the judge you cannot afford an attorney and would like one. This will postpone your court date while they assign you an attorney...then let your attorney handle it....Ideally you should only pay the original $1200 that you borrowed. Take rent , utility, medical, food, car, insurance receipts in case the judge wants to see them. Do not be intimidated by the other lawyer..If he can't make it to court that is his problem and he will have to reschedule, which will give you time to go to legal aide and get a lawyer....tell them what the other lawyer said. They will be able to help you..... Good Luck
2006-12-06 00:06:11 · answer #3 · answered by ? 4 · 0⤊ 0⤋
The lawyer is trying to keep you out of court for some reason, it sounds to me like it would be beneficial to you to go to court. The court may only hold you responsible for the origonal debt and not all the fees the creditor has tacked on. Like advised above, get your own attorney to represent you.
2006-12-05 23:54:44 · answer #4 · answered by Gordon S 5 · 1⤊ 0⤋
Get the advise of your OWN attorney. Even if it costs you some bucks, sounds like you may be playing into a stacked hand. This other lawyer does not represent YOU, he represents your creditors and therefore will squeeze you to the hilt. Get your own attorney, it will save you in the end.
2006-12-05 23:50:32 · answer #5 · answered by foxfire 2 · 2⤊ 0⤋
you're being screwed,let them garnish your check then sign as head of household,it will reduce the amount they take from your check.(they can only take 10%)they will only be able to take part of what they say you owe,before refiling and sueing you again which chances are they won't.
this lawyer is just trying to get you to commit for a certain amount because he knows the court generally allows you to pay much less.
2006-12-06 00:14:39 · answer #6 · answered by jgmafb 5 · 0⤊ 0⤋
GO to court 1200 is not a lot of money but 10,000 is loan sharks do not chareg interst like that
2006-12-05 23:53:54 · answer #7 · answered by bigdogrex 4 · 2⤊ 0⤋
don't pay a blame cent.
and don't go to court,
stick their nose in it.
how they gonna collect?
they can't do diddle.
2006-12-05 23:49:33 · answer #8 · answered by cork 7 · 0⤊ 2⤋