Re: Court date coming up. What happens if I don't appear?

Posted by JR (152.163.253.37) on June 20, 2003 at 21:36:54:

In Reply to: Court date coming up. What happens if I don't appear? posted by Up to my ears in debt on June 19, 2003 at 21:27:31:

You CAN negotiate a settlement with them and get them to dismiss rather than a default judgment. However, to do that you'd have to have the ability to pay all of the installments of the negotiated settlement before any trial date. However, you have good leverage to negotiate a deal for the balance. Tell them that you are trying to negotiate with everyone and if everyone will take 20%--- don't start off with an offer of 40%---- then EVERYONE WILL GET SOMETHING. Tell them that if you can't get everyone to agree then you have NO CHOICE but to file bankruptcy. The fear of not getting anything is a very good incentive to take what's offered!

As long as they don't have a judgment, they can't require you to show where your assets are. If they can't find anything - like mortage loans - on your credit report and you don't have a job - they will believe that they aren't going to get anything if they presist. You must make them believe that it's your offer or NOTHING!

Remember to be nice when doing this. Even though we all know what THEY are, being polite but firm is the best method of attack for the debtor. You've got to have a good "poker face" :-)

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