Re: What to say in court.

Posted by Boadicea (167.127.24.69) on August 08, 2004 at 22:17:23:

In Reply to: Re: What to say in court. posted by qutgnt on August 08, 2004 at 19:37:26:

When I say they might fold, I mean that they may move to dismiss immediately.

If you are asked by the judge if the debt is yours, you will need to answer truthfully. But that assumes that you actually go before the judge.

Given the circumstances where you sent them an offer of settlement, and they claimed to accept it (but only the parts they want to accept), then *if* they do not make a move to dismiss it may be in your best interest to ask for a court mediation. It sounds like you may have come very close to a settlement and need a disinterested party to help you tie up the loose ends.

OR...and this is something that only you can decide is best for you, you can fight nothing but the interest and attorney's fees. I have heard one of the judges here nail a CA attorney for asking for interest and fees. She said that *if* the CA didn't have a signed contract showing that the defendant agreed to interest and attorney's fees, he couldn't get it.

If you can get the amount down to just the actual charges at the time of charge-off, then you can ask for installment payments because the judge will accept a much smaller and reasonable payment than the CA. But ask that the installment payments go to the court, NOT to the CA directly. In many cases, no judgment will be filed if you pay the court installment payments on time.

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