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Re: What NOT to say in court.


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Posted by J Kelly (68.163.2.72) on August 09, 2004 at 14:55:28:

In Reply to: What NOT to say in court. posted by qutgnt on August 09, 2004 at 13:45:10:

Just my 2 cents here.
I wouldn't talk to the CA attorney for the same reasons I didn't talk to CAs. They are the enemy. They are professional, and they will lie if they can get away with it. i wouldn't risk getting in a confrontation with the CA attorney, and if he pissed me off........that could happen.

I am not sure that you would actually be court ordered to pay. Doesn't work that way. What they do is issue a judgment against you, and then the CA can execute on the judgment according to state law. My understanding is that you can (if the CA attorney wants to deal) reach a settlement agreement and you don't pay, then they execute on a judgment and take whatever non exempt assets your state allows.

I would be very very careful about asking for that kind of agreement, thing is though, the CA attorney will figure if you can afford to pay 250 a month for 16 months. Why not 350 for 24 months (OK, did not math just picked numbers) AND it will show on your CR as paid collection account, which does absolutely nothing good for your FICO.

It would be nice if debt collection was fair, but it is not fair. It is dog eat dog, and many people are disappointed when they find that they have paid the debt to the best of their ability and the reward was absolutely nothing.

I would recommend you stick with no knowledge of this debt with this creditor at this time for this amount of money. See what they come up with. If they get the judgment, then file bk.


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