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Motion For Judgement On The Pleadings

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Guest







Subject: Motion For Judgement On The Pleadings
 
Posted on Sun May 17, 2009 9:53 am  

I responded to a summons by basically acknowledging I had debt, but I had disputed the amount and requested validation.

Now I get this motion for judgement on the pleadings asking for judgement against me.

What are my options? Is it too late to call the CA and try to settle out of court?
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



132 Magic Points

 
Posted on Sun May 17, 2009 2:28 pm  

I am not sure at this stage what all your option are. (Others here will) I would at least call the company and try to settle the debt out of court. If you do get anything set up you may have to inform the courthouse or judge that is doing your case. I hope you hang in there cause others will know what else you can do. How did you request validation? Did you do it on the form or by registered letter?
rachael



Joined: 11 May 2009
rachael's page
Posts: 233



6576 Magic Points

 
Posted on Mon May 18, 2009 4:14 am  

Hi Guest,

As you say that you have acknowledged the debt, that is the reason the CA has brought motion for judgment on the pleadings. It makes the CA's task much simpler, as they do not have to file a suit against you in court. They can continue to collect the debt from you. What I feel is, even collection agencies(CA) would prefer a out of court settlement. Have you sent a proper debt validation (DV) letter to the CA? You will find a sample of a DV letter if you visit the link Letters of Credit. Send the letter through registered post with a return receipt requested.

Once you get your debt validated, you should request the CA to accept a debt settlement plan. It is sometimes possible to reduce the debt amount by 40-60%. So it is worth a try. You should also inform the court that you are in the process of debt settlement.
_________________
Looking forward to a debt-free life.
Guest







 
Posted on Mon May 18, 2009 7:17 pm  

Did you respond to the court?
Firang



Joined: 28 Apr 2009
Firang's page
Posts: 55



-37 Magic Points

 
Posted on Tue May 19, 2009 12:12 pm  

Have you got the judgment yet on the matter from court? I think it is most likely that any CA will not unnecessarily trouble any person if they get the money out of court settlement.

So I think they should not trouble you if you immediately approach them (CA) and thus it will save your efforts.

Wink Wink Wink

keep us informed.
Guest







 
Posted on Tue May 19, 2009 9:51 pm  

I have not responded back to the court about the Motion for Judgement. I do plan however on sending the CA a validation letter and then informing the court of that and that I need to time to receive and review. Once I have the validation, I'll contact the CA again and offer a settlement, which hopefully they'll accept.

Does all this sound good?
Firang



Joined: 28 Apr 2009
Firang's page
Posts: 55



-37 Magic Points

 
Posted on Wed May 20, 2009 3:01 am  

It does sound a good plan but I will advice you to go for CA firsthand.and offer them your proposal so that you need not have to face any court verdict.(and consequently cost involved along with that)

So it is better if you can just give a ring to CA and settle it out b4 court comes in to the picture.

Arrow Arrow

keep us informed.
rachael



Joined: 11 May 2009
rachael's page
Posts: 233



6576 Magic Points

 
Posted on Wed May 20, 2009 7:17 am  

Hi Guest,

Judgment on the credit report stays for about 10 years and cannot be removed even if you pay it off. If the collection agency agrees to your debt settlement proposal, make sure you get a written agreement from them. The agreement should state that once you pay the settlement amount, the judgment in your credit report should be updated as "Paid Judgment". This will have a positive effect on your credit records.
_________________
Looking forward to a debt-free life.
Guest







 
Posted on Wed May 20, 2009 11:49 pm  

Ok, so today I sent the DV letter to the CA and the CA's attorney. I went and told the court about it and they said that they shouldn't give a judgement against me since I'm requesting information. So....now I wait.
Firang



Joined: 28 Apr 2009
Firang's page
Posts: 55



-37 Magic Points

 
Posted on Thu May 21, 2009 1:52 am  

Hi guest

keep us updated on the event, we are waiting for the outcome.

Arrow Arrow Arrow
rachael



Joined: 11 May 2009
rachael's page
Posts: 233



6576 Magic Points

 
Posted on Thu May 21, 2009 11:03 am  

Hi Guest,

The collection agency (CA) should validate the debt account within 30 days, after receiving the debt validation letter. If you actually owe the debt, you should negotiate with them and try to settle the debt. But before paying the settlement amount make sure that you have a written agreement from the CA. The agreement should state that the debt account will be updated, either as "paid" or "settled" on your credit report, after you have paid off the debt.
_________________
Looking forward to a debt-free life.
Guest







 
Posted on Fri May 29, 2009 2:45 pm  

So I have received Validation and it includes the following:

Orignal Acct # and Institution, the CA's date of purchase, principal, attorney fees and other costs(as a total), and the intrest rate.

Is this a proper DV response?
Guest







 
Posted on Thu Jun 11, 2009 12:25 am  

I called the CA and asked to possibly settle out of court. I was told that since their attorneys are involved, I have to call them to arrange a settlement. Is this true that I HAVE to deal with the attorney?

I'd also love some pointers in reaching a settlement with them.

ie: should I throw out the first amount, what percentage shoud I offer, do I let them bring up the first offer. Shoud I do it by phone or mail (it is in the court system so time may be a factor)

Thanks for all the help everyone!
scott

scott

Joined: 28 Jun 2006
scott's page
Posts: 446



10890 Magic Points

 
Posted on Thu Jun 11, 2009 6:45 am  

Hi Guest,

If a collection agency has an attorney involved, you will have to deal with him. Though an attorney will try to collect the maximum amount from you, it is possible to negotiate with him. You should explain to the attorney your financial situation and your willingness to settle the debts.

You can offer a settlement amount that is 40-60% less than the due amount. The chances of the attorney accepting the settlement offer will increase, if you are able to pay a lump sum.

Quote:
Shoud I do it by phone or mail


Even if you contact the attorney by phone or mail, you should follow up in writing. You must retain copies of the same. The attorney should also send a written reply, if they accept the settlement offer.
_________________
SCOTT

Use your credit account responsibly and enjoy a debt free life.
Guest







 
Posted on Wed Jun 17, 2009 4:55 pm  

Thanks for the advice Scott. I sent a letter to the attorney's offering 40% of the principal. They called and rejected and offered a settlement of 20% off of 1900, I declined and offered $750 as a counter settlement. So I wait (again) to see what they say.

THanks again to everyone who's given advice, it's very much appreciated.

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