Followup on summons - reaching a settlement without court
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Posted by David (162.83.245.134) on June 03, 2002 at 10:18:41:
Some of you may remember that I recived a inproperly served summons regarding a CC debt from about 5 years ago. I contacted the attorney listed on the summons, and we have been discussing a settlement, and I was wondering if anyone had some advice on negotiating a lower payout. Here is the history: 1. Complaint specified $5200 for principal debt, and $2500 in legal fees for a total of $7700...
2. I called and offered $2000
3. They called back and said $5100
4. I replied with $3500
5. They said "Once we set a counter offer- it's written in stone."
6. I said "I am unemployed, have no car, no house, and no assets."
7. They replied "OK, we'll see you in court."
8. I said "If I pay $5100, will you amend my credit report to show "pays as agreed?"
9. They reply with "We will mark it as 'account settled.'"
10. I say "Put it in writing, and send it over to me while I think about it." My question is this: I want to pay this off and get on with my life. How can I get them to agree to mark my credit report "Pays as agreed"? I know they can do it, but they seem hesitant. I've also asked them to guarantee in writing that they will not come after me for the balance, and they said "Once we reach a settlement the account is closed." In the meantime, I am waiting for their agreement papers to arrive. I was thinking of waiting a few days and trying to counter with $4200 (this is what my principal balance was, minus late fees and penalties) but she seemed fairly committed to her "we make one offer" spiel. Suggestions, comments, advice? Thanks again for your help, I really appreciate it. -David
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