Civil suit questions

[93LXHORSE]

I have a debt I intend to pay, but not nearly fast enough to satisfy the lender. A credit card lender. I received notice they intend to file suit. When I called them they wanted to set up monthly payments for an amount I am not willing to shell out right now. I told them I could pay a lesser amount.
They told me if I couldn't pay the amount they wanted they would proceed with the suit, which basically amounts to being called into court for a judge to tell me that yes, I really am responsible for the debt.

When I told her that I would send my smaller payment faithfully so that when I showed up in court the judge might assign the smaller amount as acceptable and not file a judgment..... she said that's not the case at all, if it comes to court he's going to file a judgement, period.

She basically told me do what I wish but she wasn't interested in setting up a small payment over the phone right then.

This is one of those deals that sticks on one's record for 10 years, and if if it's still outstanding if I go to sell property, it gets settled then.... and if I've paid it, I have to show proof at the property closing time or whatever, right?

Yeah, I made a mess but I am trying to clean it up.. what to do?

[black2002ls]

How old is the debt? Were you contacted by a collection agency or a law firm?

[lincolnboy]

Not in the state of Texas can they do that. Just send small payments and keep record. that is just to scare you.

[chronical]

Don't do anything until I respond. I'm going out to dinner but will post back with some questions and the best way to resolve it

[93LXHORSE]

How old is the debt? Were you contacted by a collection agency or a law firm?

It's by a law firm. It's 3 years old.

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[2011GT]

Make sure you give them access to your checking account.



This is a joke btw

[2011GT]

It's by a law firm. It's 3 years old.

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If you don't have the money to pay them and they take you to court they're still not going to get anything.

Pick up the book total money make over and listen to Dave Ramsey on iheart radio. I paid off 50k in debt last year alone. I'm sure you have extra money yourself spending every month. Car payment? Sell it and buy a beater. Internet? Cable? Etc

[93LXHORSE]

This is a rebuilding year. I've slowly climbed up and have only the things I need. I don't spend a whole lot of extra money on stuff. I am paying off other debts and am building savings. I was financially set just a few years back, then turned into a real fuckup for a while. I know how to manage finances, though.

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[93LXHORSE]

I could pinch more pennies but my girl and I went through he'll for a couple years and now that I am earning and saving again we are doing minimal fun stuff..... We actually went on a date a month or so ago lol

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[broke again]

after 3 years i bet they have sold the debt. fight the hell out them. they bought it opennies on the dollar. they will talk a good fight.

[93LXHORSE]

after 3 years i bet they have sold the debt. fight the hell out them. they bought it opennies on the dollar. they will talk a good fight.

They are not a collection agency, so they say. They are a law firm. They say they are simply suing for judgement on behalf of the lender. I asked them about a negotiated settlement or alternate terms, and they said they don't own the debt. They didn't buy it.... so they say.

But of course that made me wonder why they came up with their OWN terms, and why they're also seemingly trying to collect it.

[black2002ls]

Have you pulled your credit to see if/how it is reporting? I just went through something similar, however, the debt buyer's lawyer didn't call, they just served me. 2 months before SOL expired.

[03mustangdude]

If its a law firm and they filed suit it will say who owns the debt and is suing you.

If its still the law firm send a certified letter explaining the terms and what you are wanting to pay. Include a check for the amount and keep sending one every month and hope they cash it. Old high school friend did that for a debt of 8k, company never withdrew the suit and had no idea about the checks they were cashing. Judge threw the suit and the debt out ordered them to close the debt marked paid on his credit within 60 days. Cost him about 500 in total payments.

[lincolnboy]

The activities of debt collectors in Texas are regulated by the Texas Debt Collection Act. The Act prohibits the use of fraudulent and abusive collection tactics by individuals or corporations to obtain payment on outstanding debts against a debtor.

It is unlawful for a debt collector to attempt to collect more than the amount originally agreed upon – whether the agreement was in writing or not. However, the debt may be increased by the addition of attorney fees, investigation fees, service fees, collection fees, or other charges if a written contract authorizes the additional charges.

If you dispute an item in the file a debt collector has on you, you must give the debt collector written notice. The debt collector is not required by law to cease collection efforts if you merely call the debt collector about your dispute. Written dispute of the debt is best accomplished by sending your complaint to the debt collector by certified mail return receipt requested. Keep a copy of all correspondence you send to the debt collector. The debt collector has 30 days after receiving your written request to determine whether or not the disputed item is correct.

If it is incorrect, it must be corrected. The debt collector must notify anyone who has already received a report containing the incorrect item. If, at the end of 30 days, the debt collector has not been able to determine whether the item is correct or not, he or she must make the change you requested and notify anyone who received a report containing the incorrect item.

If it is later determined that the item was correct after all, you must be notified and collection efforts may be continued.

[Gear_Jammer]

They are not a collection agency, so they say. They are a law firm. They say they are simply suing for judgement on behalf of the lender. I asked them about a negotiated settlement or alternate terms, and they said they don't own the debt. They didn't buy it.... so they say.

But of course that made me wonder why they came up with their OWN terms, and why they're also seemingly trying to collect it.

What's the name of the law firm?