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getting sued by Wells fargo

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Bob54321



Joined: 01 Jul 2010
Bob54321's page
Posts: 2



125 Magic Points

Subject: getting sued by Wells fargo
 
Posted on Thu Jul 01, 2010 7:06 am  

I had a credit card with Wells Fargo. The debt is just over $2500. I had a sever illness in the family last year which resulted in a death. While going through this I couldnt afford to continue payments on the credit card. They attempted to contact me over a couple of months but due to stress in my life at the time i decided to ignore the calls. I assumed they would just turn it over to a collection agency and I would just take care of it in a year or two. (stupid line of reasoning I know and completely my fault).

Anyway, after a few months goes by I get a letter from a law firm in florida stating that they were going to file a lawsuit against me. I called and told them that I would begin to make payments in the amount of $200 a month toward the debt. They agreed but said they had to file against me anyway and that Id be getting papers to sign and send back to them along with the first payment. Well some time passed and I didnt get the papers. I called and asked where the papers were and they said theyd be sending them again. So i waited a few more weeks to no avail. So I called again. The person I had been speaking to wasnt in so I left a message.

A few more weeks goes by and I still didnt hear back from them or receive anything in the mail. Today I had a visit from a process server from orange county florida with a summons to go to court for a pretrial hearing in regards to this debt.

What exactly is happening to me and does anyone have any advice, suggestions, concerns or comments. Any and all help will be greatly appreciated.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: reply
 
Posted on Thu Jul 01, 2010 12:12 pm  

Hi Bob,

Welcome to this community Smile

You need to answer to the summons, else Wells Fargo can win a default judgment against you. However, you can try to reach an out of court settlement with Wells Fargo. This time you send them a settlement letter through certified mail, requesting a return receipt.

Thanks,

Aaron
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Bob54321



Joined: 01 Jul 2010
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Posts: 2



125 Magic Points

 
Posted on Fri Jul 02, 2010 9:10 am  

I tried calling wells fargo once and they referred me to this law firm. are you saying i should try to send them a settlement letter even though they turned the whole account over to this firm? if so, what should i put in the settlement letter?

Court is on the 14th of this month. should i just go there and say i wish to pay it back at $200 a month?


...and thanks for the quick reply and the welcome.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: reply
 
Posted on Fri Jul 02, 2010 12:13 pm  

Hi Bob,

You are welcome. You first check out your credit report. If the law firm is listed their as a collection agency then you need to settle with the law firm.

However, you will have to first answer to the summons. Serve a copy to the law firm, and send another to the court within the stipulated date.

Thanks,

Aaron
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hgimmy229

hgimmy229

Joined: 01 Jul 2010
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Posts: 11
Location: Florida


259 Magic Points

Subject: Response to Wells Fargo Inquiry
 
Posted on Wed Jul 07, 2010 7:08 pm  

Hi Bob,

I would recommend to appear in court or the creditor will receive a default judgement in their favor if you do not appear in court. A judgement will adversely affect your credit rating for seven years. I would also recommend to bring all medical documentation regarding the family member that had the severe illness which resulted in a death to your courtdate to explain what occured in your situation.

Getting your budget done by a financial counselor prior to your court date, may assist you in court. Please feel free to contact me for a consultation if you are interested.

Best of Luck,
Heather Gimmy
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Subject: debt settlement
 
Posted on Sat Jul 31, 2010 6:27 pm  

Call them and offer to settle. You should be able to settle for around 20% of the debt (which is two payments in you case). Answer the summons to buy time. If you don't feel up to this...and all it is is a phone call or certified letter...then get a debt company to work for you. Just google "settlement". There are tons of them out there.

To blow this off is a big mistake. But still, they won't come after you, too much work for a 3K bill. Offer them 10% and let them bump you up to 20%. It won't be more than that.
nduen



Joined: 15 Oct 2010
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Posts: 13



246 Magic Points

Subject: Respond to Lawsuit
 
Posted on Fri Oct 15, 2010 6:02 am  

You need to contact the law office and try to set up an agreement with the law firm if possible. You can also try to reach a settlement with the law firm. If you fail to respond to the lawsuit then they will be able to obtain a default judgment against you. Once they obtain a default judgment they they have several options in terms of collecting the debt. What they have available to collect the debt will depend on your state's laws.
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