Received Court Summons on $2200 Debt/ Settling Help!?

Question

I received a court summons a couple days ago for a 5 year old $2200 debt that's been sent to a debt collection agency. So far I've talked to the rep 4 times and I've offered to settle it in one lump sum of $800. He said he would call me back the same day and did not...so I called him today and he said that he hasn't herd from "them" regarding my offer and will let me know as it takes a "few days". I feel as if he's trying to kill some time as my court date is May 10th and feels the pressure will force me to offer more?

What do I need to know regarding this as I'm completely clueless on the process and the length it takes to settle and what happens if an amount is agreed upon.

What do I need to do to put his behind me and settle this for the least amount of money possible? I'm a college student and obviously broke.

Is the process typically back forth phone tag and how long does it take to settle?

I'm in college and totally broke....if I threatened bankruptcy would this help?

Answer 1

Send them a certified letter documenting the amount you want to settle for. Call the collector back, let them know you want to settle this again. If that person cannot give you an answer, request to speak to someone who can. DO NOT GIVE UP! You are right in that they are trying to blow off time to get to court. But if you want to get this taken care of before court then you need to press the matter. That means being just as pushy and demanding as they are with you. They can refuse the offer, or they may ask for a bit more also. Good luck.

Answer 2

Check with your state to see if the statute of limitations has already passed on this. Also, if the debt was written off by the original creditor, and this collection agency "bought" the bad debt from the original creditor, then when you go to court, tell the court you would like to see documentation that you had a written agreement with the creditor that is taking you to court. They will not be able to produce any, as your credit agreement was not with them, but with the original creditor. Usually that is the case when the debt is so old. However, if the collection agency was hired by the original creditor, then your best bet would be to check the statute of limitations on collecting a debt in your state. A lawyer would be very helpful, and would probably be less expensive than the debt. Don't miss the court date, and on the brighter side (if there is one), if you are a student, and you are not employed, they can't collect. Although the judgement will be on your credit report. And would eventually need to be taken care of.

Answer 3

My advice to you: Document all your telephone calls with the person you've talked to regarding the settling offer. Keep calling and keep documenting what you have said and offered to them, and document their response...word for word, every time. If they have choose not to settle with you before the court date, take all your documentation with you to the court hearing. When you are given the chance to speak, make the judge aware of your financial situation. I'm not sure how this $2200 debt ever accumulated or what it was for, but let the judge know you were young and dumb but you want to make good on the debt as best as possible. Tell him/her you can afford to settle for $800.00 and let her know you've made multiple attempts to settle this debt out of court however the collector just kept blowing your offer off. This is where all the documentation will come into play. Show the judge all of your attempts to contact the debt agency and settle. I personally wouldn't hire a lawyer because the judge would probably think that if you have money to pay a lawyer you should have money to pay your debt in full. Also, let him/her (the judge) know you've learned your lesson about bad debt and how important it is to only borrow what you can afford to pay back or don't borrow at all. Tell the judge you're sorry and you just want to settle today. Be sure to tell them you are in college paying your own way. Just be sincere and sympathetic. Chances are the court will side with you. Just be prepared to hand over an $800.00 check. Good luck.

Answer 4

The first thing I would do is stop speaking to them on the phone. All communication with them should be in writing, preferably certified mail. The first letter I would send them is a request to validate. What you want from them is a, proof that the debt is genuine and within the statute of limitations and b, that they are authorized to collect the debt. If the original debt is older than your states statute of limitations, usually 4 or 5 years, then the debt collector usually can't sue you. Find out your rights in your state for the type of debt you're talking about (credit card, car load, etc). The more you know about your rights, the less of an advantage they will have over you.

Answer 5

In some states the statute of limitations may have run on the debt. Since you are broke see if someone at the law school will help you out. In any event, do not miss the court date or you will likely be defaulted. Good luck.

Answer 6

First NEVER talk to a bill collector over the phone. NEVER!!
Then go here:
budhibbs.com
Click on "Agencies To Avoid"
There will be a list of collection agencies in alphabetical order. See if the one harassing you is on there.

His site also has ways of dealing with these parasites.

The statute of limitations might also be in play here.

But please DO NOT talk to a bill collector. EVER!!!!

Make them give you everything in writing.

Don't let them drag you down! Fight back!

Answer 7

Hi,
I used "Credit Solutions" to settle my debt and avoid bankruptcy.They managed to reduce my debt up to 58%.It's legitimate.I came accross this company on NBC News Special Edition.Check it out here:
http://www.tkqlhce.com/click-1813149-10467845

Answer 8

Call a LAWYER ASAP. That is the ONLY thing you can do. If you dont show for the court hearing, if the judge is prissy, they can issue a warrant for your arrest. And you dont want THAT to happen!