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Re: why chat re: summons & validation


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Posted by Dave (172.174.161.217) on February 18, 2004 at 06:02:32:

In Reply to: why chat re: summons & validation posted by truly overwhelmed on February 17, 2004 at 23:00:47:

Just my 2 cents. I had a number of CA accounts resulting from CC's, about 10-15. Out of all 15, the ONLY one that sued was Discover. The rest just keep threatening and shuffling you between CA's, until the SOL passes. Sounds like you did right be filing your appearance and answer, I did the same. My recommendation would be to contact the atty (IN WRITING) and propose a settlement offer, if it is reasonable he will most likely accept it. I think I got them to accept like 70% of original balance with payments and no attorneys fees.

Just one piece of advice, when you write or make ANY offer of settlement always put at the top of your letter in bold capital letters...

FEDERAL RULE OF EVIDENCE 408 APPLIES

This is the rule of evidence that forbids them from saying you admitted to the debt by offering a settlement.

Good Luck!



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