Re: I'm being sued! What to do?

Posted by Rlee from OH (199.35.104.122) on December 02, 2003 at 11:49:06:

In Reply to: Re: I'm being sued! What to do? posted by introuble on December 02, 2003 at 09:41:52:

There obviously is a lot of confusion here with
a some sort of phone recorded agreement, letter from some attorney, and no jointly sigend agreement, on a new debt. The old debt with First Select from 1997 was obviously charged off, as they are required to do so, by law, after 180 days of continued delinquency. So to have a new debt I would assume there would have to be a written contract, not some phone agreement to try and make payments followed up by some letter from some porbably in house attorney. Then we have the porblem of Creditgy never contacting you about this supposed debt. There is a one hell of a lot of gray area here and not much black if you know waht I mean. I suppose a good attorney would get you out of this law suit owing nothing, but then you have the attorney fee to pay. If you do not want to go the court route then I would suggest a settlement of say no more than 50% since you indicated a desire to settle this mess. You have a lot of information that would indicate that this case could very easly be dismissed if you hire an attorney and go to court. Is the Plaintiff's attorney local, if not your position is stronger yet. If you don't get this resolved timely, remember you must answer the law suit in timely manor, or they will get a default judgement. Ther is a lot in information on this forum about settlements, answering law suits etc, spend some time if you are going to do this yourself and make sur you know what your are doing.

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