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Answering A Summons. What else should I do?

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michael_stangl84



Joined: 06 May 2009
michael_stangl84's page
Posts: 2



55 Magic Points

Subject: Answering A Summons. What else should I do?
 
Posted on Wed May 06, 2009 6:52 am  

I've been summoned to court for my Washinton Mutual account. The amount is 1,475, plus they want interest and attorney fees. I'm preparing to answer the summons in a day or two, but I was wondering if I should also ask for debt validation while I'm at it. Or can I/should I call the attorney's office and try to settle before it goes to court? It's within the SOL still and the account has been bought by a junk debt collector and now seems to be through an attorney's office.
rachael
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Posted on Wed May 06, 2009 7:34 am  

Hi michael

In my opinion, asking for debt validation could be of help.There is no way for a junk debt collector to prove, that you owe him money because there is only an assignment of the debt given to him and not a contract between you and the creditor. Even if he has purchased the account, it does not make him the original creditor. He is still a debt collector and covered by the FDCPA.
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Posted on Wed May 06, 2009 9:49 am  

So debt validation could say that I'm not contractually obligated to pay the debt collector and my case could be thrown out?

OR, could it prove that I actually owe a lesser amount than what they're asking and allow me to settle for a lesser amount either in court or out.

That being said, my main question is this: Can I call the attorney's office that is suing me and try to settle before court?
michael_stangl84



Joined: 06 May 2009
michael_stangl84's page
Posts: 2



55 Magic Points

 
Posted on Wed May 06, 2009 2:01 pm  

Sorry, that last post was mine. I also don't know why my avatar is a girl and can't be changed Rolling Eyes
Pamela
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Subject: Answering Summons
 
Posted on Thu May 07, 2009 3:39 am  

What is also possible is, you convince your original creditor that you want to settle your dues with him, requesting him to pull the accounts from the junk debt collector. In the meantime get your debt validated. If you actually owe the debt, reply to the summons telling the court that you are in the process of debt settlement with your creditor.

You could also negotiate with your creditor. There is a possibility that the debts might be reduced by 40-60%. You can also request for a new structure of payment that is affordable. The last option could be to seek help from debt settlement agencies.
Mary

Mary

Joined: 06 Jul 2006
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Posts: 684



17426 Magic Points

 
Posted on Thu May 07, 2009 7:37 am  

Hi michael
You can change your avatar anytime if you like by visiting edit profile option after signing in with your user id and password. However, the height and width of the avatar should not be greater that 150 pixels and the size of the file should not exceed 17 kb.
_________________
Where there's a will, there's a way !!
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