Category: Collections Law
Subject: midland credit hassles
Question: Some papers were seved at my house by a legal company, and the person that presented the
papers didnt ask who he was handing the papers to and I get them 16 days later from my
cousin who was house sitting at the time. this is a civil suit for collections that i have been
working with the bank to pay back. NOW THIS IS GIVING ME A DATE TO APPEAR IN
COURT. What can I do? I have called the collection agency and they gave me a lawyers
office and when I called them I get no return phone call. What will happen if I dont go to
court and what steps can I take to stop this. I was out of work for over a year and keeping my
house was more important than worrying over a credit card with ridiculous finace charges.
Please help with any advice.
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The question I must ask is what do you want to do? You have some options at this point in time. Here are some
of them. (1)Hire an attorney who may be able to work out a deal for you to pay less than they are currently
asking. An attorney might be able to work out a settlement of around 75% to 85% of what they currently ask. If
you have the cash to pay up you can probably avoid a judgment being granted against you. It is unlikely that an
attorney can just make it all go away because they know they can easily get a judgment, garnish wages, seize
bank accounts, vehicles or whatever else they can find to seize and sell at auction to get their money. If you don't
have the cash to pay the settlement plus whatever the attorney wants then that option won't work for you. (2)Just
ignore the whole situation, don't respond to the summons and let them get a judgment. Then the process I
mentioned above will kick in and you start getting called in for an assets hearing and you will have to bring all
your books and records to court and turn them over to the plaintiff's attorney so he can see what you have that
may be garnished or seized to satisfy the debt. (3)Learn how to respond to the summons and complaint without
hiring a lawyer, learn how to catch the plaintiff's lawyer violating the law and take him to federal court and make
him forget about ever collecting a crying dime, pay you for your court costs, pay you for your time preparing
your case, pay you damages on top of that. It really isn't hard to do. Make them pay you and go away and leave
you alone. So you tell me what you want to do. If you choose option #3 just call me anytime..
Bill Bauer CEO@Creditwrench.com (405) 237-2174 (405) 227-9423 Creditwrench message board
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