Re: Knock..knock..(who is it).. YOUR Summons and Complaint

Posted by Linda on November 26, 2001 at 23:26:20:

In Reply to: Re: Knock..knock..(who is it).. YOUR Summons and Complaint posted by CaptainT-guess this is where it goes on November 26, 2001 at 19:11:54:

Try the letter I posted here:

http://www.cardreport.com/wwwboard/messages/1848.html

However, include in it that they will dispmiss the lawsuit, and that they agree not to re-sell the remainder of the debt (what they claim you owe, but didn't pay because they settled).

The 29% interest is most likely illegal in your state, there is a cap on interest except for banks which accept deposits. Ask your attorney.

It is not against any rules or laws to delete this from your credit report. Hold out for deletion. If they even listened to you, they will settle, and if my guess is right, the 29% interest would get pared down by the court anyway.

Fix this letter up to suit your purposes, decide on the amount you'll pay and mail it certified, return receipt and wait for their answer.

It's a lot like playing poker, LOL. Keep a straight face.

As far as your answer for the court summons, I don't know if an offer to settle is appropirate or not. I usually suggest people do this before they get the summons! Once you're dealing with the court, ask the lawyers. They made it illegal for me to answer those questions (no license). And since I have an insurance license, I have to be extra careful about this stuff, because it could be misconstrued and I could get in trouble. The bartender can do it - I can't, LOL.

Anyway type this letter up, be sure to include those 2 extra things so this doesn't come back and bite you later, and send it and ask the lawyer if you can send the offer as an answer to the court summons.

Did the lawyer charge you for that advice?

Linda

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