Collection agency lawsuit--help

Discussion in 'Chit Chat' started by riddler, Jul 20, 2010.

  1. riddler


    being sued for 4k from collection agency.went to the court house to answer the suit and given a court date, collection agency then sent a letter asking to settle after seeing i responded..they want to settle for 3500 when the debt is way..i will do 1500. are they bluffing? will they renegotiate on morning of court date just ebfore i see the judge? what should i ask them>? should i call them and ask for proof of the debt?
  2. i would wait it out. worse comes to worse do the BK thing. its a war of attrition.
  3. r-in


    Get everything in writing from the collection agency and whoever you owe the money to. Those places are infamous for not reporting a settlement, and then you have someone new coming after you.
    I hope you aren't trading while this is going on? If you are, take the cash and pay off your debts.
  4. The answer has a lot to do with, is this a serious situation: a real debt that you refuse to pay, or is it a questionable situation where you refute the validity of their claim?

    Even if you lose, they STILL have to go through a collection process. But even if not in your area, there are still strong ways for a knowledgeable company to get at your assets.

    If it is a questionable debt, I would argue the case and see what the judge decides. After they make a few attempts to collect from you, THEN offer a settlement. Remember, there are costs involved with collecting a debt.
  5. jem


    Learn about the rules of evidence in your court.

    If you are in small claims ... and the rules are relaxed you may wish to object and see if you can have the case moved up to a court with real rules regarding foundation of business records.

    Everytime the other side opens its mouth... be prepared to think about whether they can substantiate the authenticity of the document.

    Your objections are likely to be foundation and or hearsay.