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Help! Not sure how to handle this...


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Posted by Jade (216.130.15.13) on October 18, 2003 at 16:10:55:

Reposting because messages were archived right after I posted it the first time.

I received notice of a lawsuit that was filed against me. They have enough proof that it's mine and it's within SOL. I sent the CA's lawyer a letter offering to settle out of court by paying the full amount of the debt. They received my letter over one week ago and I have not heard anything back from them yet.

I have until the 28th of this month to file an answer. Even though the papers didn't say anything about filing with the court, I'm assuming that I should, correct? I don't want them getting a default judgement and I'm assuming that I can object to a summary judgment on the grounds that I sent a letter offering to pay in full. In order to have the answer to the court and the attorney by the 28th, I need to mail them by Friday the 24th. I suppose I should send the one to the attorney CRRR on Thursday so I can include a copy of the CRRR receipt with the one going to the court.

My questions: How to file an answer when this is mine and I can't deny it? Do I say that I'm trying to settle out of court by paying the full amount so that the court is aware of this? Do I request mediation in the event that their attorney ignores me or we can't reach a settlement? I'm not sure how to word my answer. I don't want a bunch more money tacked onto to this in the way of interest and attorney's fees. Will a mediated agreement avoid this? Anyone now how much in attorney's fees they can get away with charging? This debt is currently under $2000 and I'd hate to see it double just because of attorney's fees and interest, especially when I can get the money to pay it in full instead of going to court.

How likely are they to accept my offer? I would have thought that they would accept payment in full instead of going to court, but now I'm getting nervous because I've not heard from the yet. How is the judge going to feel if he hears that I offered to pay the full amount if they dropped the lawsuit and they either ignored me or didn't accept? Will that look bad for the CA and their lawyer?

Thanks!





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