@daphnee moon - Who is the plaintiff suing you? What is the name of the collection law firm? Did you only hire the attorney after the judgment was entered, or was she involved in your case pre judgment?
Hi Michael, Your videos are just what I need now; thank you for sharing your knowledge and insights. I’m being sued by LVNV for an old credit card debt from 2015. I need to submit my answer to the lawsuit pretty soon. The original debt was about $800. LVNV attached a bunch of old credit card statements, a notarized business record affidavit from the custodian of records, a few letters stating that the debt has been sold and apparently a page from the bundle of debt purchased with my name highlighted in group of consumer accounts. My primary goal is to not hurt my credit anymore and not to have any sort of judgment or court record on my already damaged credit report. My questions are: 1. Do I call the attorneys or LVNV to negotiate this? 2. When I call up the attorneys or LVNV, do I make them an offer or ask what arrangements can be made to settle the matter and get the case dismissed? 3. What payment method do you recommend when settling / paying in a case like mine? 4. Should I create a document that spells out the terms we agree to and ask LVNV to sign it? 5. You said “Settling prior to court is typically going to lead to the dismissal, but be sure to get clarity on this from them.”; in this case should I ask LVNV to dismiss the case upon payment and get that in writing or will the judge usually dismiss because the debt was paid prior to my response? 6. Do you think settling and paying before submitting my answer to the lawsuit versus settling and paying after submitting my answer to the lawsuit but before my court date would make a difference in the likelihood of getting the case dismissed? 7. How much would your company charge to attempt to negotiate this on my behalf? Thanks again. Stan
Since July of 2017 most judgments no longer appear on our credit reports. You typically have to call the suing law firm to work things out at this point. If the settlement agreement is in writing, I would pay from my checking account so I can track it and show proof they got paid in a moments notice whenever I want without any hassle. I would want a settlement agreement from them, not one I made, and most collectors have approved verbiage they use for their letters, where one you submit will likely not get approved. I would get them to point out what happens with the case in the agreement. Verbally will suffice for some, but others tend to get hung up on it. My experience is that settling now or after defending typically leads to the dismissal. We have experienced attorneys available to negotiate when sued that charge 15% of savings, but if you need to file an answer, they charge $200 for that.
You can often settlement judgments for less, or set up payment plans. You also want to be aware that judgment creditors can lien property, garnish wages, and levy bank account in New Jersey. More on that here: th-cam.com/video/B4qsAdlpVSM/w-d-xo.html
ok I understand now thank you for making it clear.so now im about to make a lump sum payment.should I have them send me some type of proof that the payment im sending will pay it off in full,before I actually make the payment?
I would want a written agreement on there letterhead where they refer to accepting the amount you negotiate as satisfying the debt, and what they will do to update the court. I cover written settlement and payment agreements in greater detail here: consumerrecoverynetwork.com/debt-settlement-letters-agreements/
I am going to a bench trial next month on the 4th of April. I have not verified the collection agency owes the rights to the debt of a capital one card for 3300, which is more than what I actually borrowed. They want to settle at $1700 in a lump sum. I'm in Texas. What can I do? ?
You can try to fight to fight to dismissal too. There is also chapter 7 bankruptcy if you qualify, but this is too small an amount for that (unless you have more debts).
Harris and Zide of South Pasadena, CA is suing me on a 20K debt from B of A. I was served 3 weeks ago in Gilroy, CA and now they sent me a letter to call and resolve the matter to avoid litigation proceedings. Should I file an answer of denial to give me time to raise more money or just call them. I might be able to come up with at least 12K.
Hi, and thank you for the opportunity for answering a question… my question is I have a judgment against me the courthouse wants me to petition the court and put the judgment of $1400 into escrow for five years.. which I have no problem of doing I just want to know how to write up a petition or is it called to modify the original petition and file it? I didn’t want to pay a lawyer just to ask the judge to hold this money in escrow…. Thank you for any kind of solution… really appreciate it….
I would indeed talk to an experienced attorney in your state, or perhaps ask the court clerk if there are similar filings you can view in the court record (to get a better idea for how to craft your own).
Hi and thank you so much for these videos. How long should a person keep their credit card statements for even if the person unfortunately stopped paying on those credit cards a couple of years ago and the accounts have gone to Collections/Attorneys? Also, can a collections agency or a law firm pursing a debt holder take money out of your bank accounts even if you are unemployed and have only very minimal funds? i.e. You are only bringing in a couple hundred dollars a month from odd jobs here and there. Thank you for any information.
There is no hard rule for how long to keep your credit card statements. I used to keep mine for a few years when they were mailed to me, but after going paperless, I do not store them. If I had a dispute during any particular month, or was a victim of fraud or ID theft, I would keep copies of those statements indefinitely, if it were me. One accounts are late, and certainly in collection, I would keep all correspondence until the SOL to sue in my state passes, and then probably until it ages off my credit reports. If you are so late on a debt that it is sent to a collection law firm, and they get a court judgment against you, state law would govern what amount they could levy out of your bank account.
I am currently being sued by ford credit ,due to overage on lease mileage . After my lease i tried purchasing the vehicle because i knew i had ran way over my milage but towards the end of my lease i ran into a financial burden. I was late on payments but was able to work out to finish the lease Long story short, I was told i didnt qualify to buy the vehicle at depreciation value and was stuck paying fees on milage and wear and tear ,however they tried to sell me a new car on the same day i returned my lease Anyways ,here i am being sued by a firm representing them for the mileage debt I need help! What is my best option please
How much is the suit for? Are there other collections on your credit besides this one? How much unsecured debt do you have total? This article provides an outline for options generally: consumerrecoverynetwork.com/debt-solutions-review/ Once sued, I tend to favor settling for less or chapter 7 bankruptcy. In certain situations, defending the suit will make a lot of sense. There are instances where a payment plan is as good as it gets.
That is certainly chapter 7 worthy debt. Check out this post comparing settlement and bankruptcy consumerrecoverynetwork.com/credit-report-score-rating-debt-relief-programs/
So you feel offering 40% of the debt is reasonable? Also, is it normal for the to haggle a settlement? I have a $3,000 debt I’d like to clear up. I live in a non garnish state if that helps.
If this is a judgment I do not think settling for 40 percent is all that realistic. You can start with a lower offer, but I tend to see judgment debts settle for 50% and higher more often.
I'm in NC and I have a judgment from an old debt from 2007 that BoA sold off to a collection agency. That collection agency then resold that debt and the judgment against me was in 2009. I believe the company used debt collection lawyers. The amount went from 5k to over 7k. What are my options to get this resolved?
Judgment debt can be negotiated for a lumps sum pay off that is less than the balance owed. The harder it is to collect from you the more chance you have of getting a good deal. Having said that, it can be tough to settle for less than 50% on judgments. You can also discharge judgment debts in bankruptcy.
Hello, I have a question. I am in Florida and I wanted to settle my judgement. I called and tried to settle but the lawyer told me that account increase to 16,000 dollars. I want to know more information about how I can settle with them
Who is the collection law firm? Who is the plaintiff that sued? How old is the judgment? Are you a home owner? Have you applied for a home loan recently?
Midland filed suit in a different county, and recently filed disclosure of non-service. If Portfolio Recovery can find me, Midland should have no problem. I still have not been served on that one. Options?
Is the goal to settle the accounts? If it is, now is a good time to do it. Once Midland learns they filed in the wrong jurisdiction they can fix that. Settling now may be more convenient for both of you. If the goal is to fight the suit, you could put up an easy win for a minute.
I received a 2nd notice from a debit collection company (original creditor a bank) saying that I owe $5100. They are saying that I have 30 days to dispute this notice. After that, the debit is valid and a judgment will be rendered. What are my next steps? I don't have a lump sum of money to settle? How much should be offered? Should I make payment arrangements? I just don't want to have my wages garnished. Help!!!
I would encourage you to schedule a consult with me: calendly.com/debtbytes/15min I have more questions and details to ask for before I can offer the feedback you need.
Hi, i'm trying to settle a credit card debt today with a lawyer who filed a judgement. the judgement hasnt gone through yet. the sheriff served the paperwork but it hasnt gone in front of a judge yet. we are in the processes of negotiating a dollar amount. if we can agree on a price today, they are going to want payment today, what do i need to get from her as proof that the debt is settled so they cant come after us anymore? for example... how do i know they arent just going to say to the courts that they took this as a payment.... when they are telling me that the balance is zero - you no longer have debt with this company.
Get everything you negotiate in writing before you pay it. That is a common thing for collection law firms to provide. Cross reference the contents of their settlement agreement with what I outline in this article consumerrecoverynetwork.com/debt-settlement-letters-agreements/
thank you. i just got off the phone with them. your reply came in the nick of time. lol. they werent going to give me a letter - im so happy i asked. i was able to successfully settle the debt at 1/2 of the judgement. the lady i spoke with was so nice/sweet. everything went smoothly. but i wouldnt have had the confidence to contact them if it werent for your videos. thank you Michael.
Hey Michael, I would like to take you advise on a matter. I have been working on repairing my credit score by working on paying off my debt. I had 4 accounts on there. Two with cox communication for equipment and service fees that I have paid off recently, and two others with capital one. One of the capital one accounts went to court and the other is with Calvary portfolio services. Both accounts have a cumulative debt of $2840. Both account are since 2013-2014. How do you advice me to proceed? I'm willing to pay off both account fully in one payment. In one of your videos you said that if capital one settles for say 50%, the credit report will still report an amount due. My main objective is to repair my credit. To avoid that happening, will I need to pay the entire amount? Also are there any "specific" resources on your website that would guide me in navigating my phone calls to the creditors? Thanks in advance for your help.
Capital One has cleaned up their credit reporting since I posted about that problem with them. If you experience something like that be sure to post an update and I can help you from there. I would direct your attention to this page about settling with Cavalry Portfolio: consumerrecoverynetwork.com/question/cavalry-portfolio-services-collection-lawsuit/ And here is a useful post about dealing with an attorney collecting for Capital One: consumerrecoverynetwork.com/question/capital-one-lawsuit-negotiate-with-bank-or-contact-their-attorney-other-credit-card-debts-tracy/
Hi what happens when a person win a default judgement in court against you and they lawyer come with a settlement for 250,000and the judge award them and i have full cover insurance with farmers insurance will they garnish or take all my money until they paid in full or my insurance company going to write them a check
Hey Michael, I have an old debt from Citibank and I defaulted on Dec 2004. I never paid it off and got sold to three different collection agencies. The third collection creditor sold it to a attorneys office in 06. They filed a judgement on Apr 13, 2007 and were successful. The judgement is off my credit report and no sign of the debt on report. I received a judgement renewal forms in the mail last week that were dated March 1, 2017 and postmarked on the envelope March 6, 2017. I logged in to the Superior Court website and the judgement renewal was filed on the 6th and it was issued and filed. Since the clerk filed the renewal does that mean the JUdge approved the renewal of judgement? I know in California the attorney pursuing the renewal has 10 years to renew the judgement and expiration date is on April 13, 2017. If the judge doesn't see the case by the expiration date is the case considered time barred? Should I try to vacate the judgement renewal? Don't want a brand new judgement on my credit report. Thanks
You will not end up with the same judgment back on your credit reports. But you will have the same judgment to look over your shoulder about (wage garnishment, bank levy, property lien) for another 10 years, and the balance will be growing. I would suggest connecting with an in state attorney that is experienced with debt collection defense to talk over your options. But there is little you would be able to do at this point to stop the renewal.
Update: I talked to the clerk and she said it was renewed and filed and the judge did not have to review the case since it was an old judgement. I just have to wait until the attorneys office sends me a letter stating that the judgement got renewed. The amount of debt with original amount and interest over the last 13 years is about 3000. The collection agency First Resolutions Investment sent the debt to a attorneys office in California and they're the ones trying to collect the 13 year old debt. I will settle most likely and pay the debt with the attorney's office. I don't want to pay in full so I want to negotiate the settlement. I also have current credit cards that I make minimum payments to because that's all I can afford. I also have a student loan payment that I keep current. I'm basically drowning in debt and surviving on current credit cards. I'm guessing the attorneys office knows I'm maying payments to other debts but it's the bare minimum. What's your advice on settling the judgement debt and for how much?? Thank you
Check out this article about settling judgment debts: consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/
hi Michael. thanks for putting out a video such as this. I'm at the bank levy stage. do you suggest i hire an attorney or talk with the collecting attorney (didn't know i was sued in Florida and had a judgement. i live in Georgia). i don't want to file bankruptcy.
If you did not know you were sued until now and/or were sued in a state you did not live in at the time, I would talk with an experienced debt collection defense attorney in the state you were sued. There are a couple dozen good ones in Florida. Michael Tierney comes to mind.
I received a notice to appear in court a month from now. I am being sued by Cavalry SPV for a Citi credit card. Should I try to negotiate a settlement or appear in court for a judgment? Will my wages be garnished if I appear in court? I initially asked for proof when I got a summons and only received “bills” from citi cards it’s been almost 5 years so I have no idea of how much I actually owed. Any idea of what I should do? Thanks!
Check out this article for option dealing with being sued: consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/
Michael was wondering if you could give me advice. I have a credit union that is suing me and I got served today. What should I do to try and settle? Talk to them or the lawyer? They sent a letter to my parents house which I have not lived there in 7 years and I never got it. Thanks
How much is the lawsuit for? Which credit union is it? Once an account goes to an attorney for legal collection, you are typically going to have to work out an settlement or payments with the law firm. How prepared are you to pay a settlement? Defending the suit the right way could buy you time if you are not financially ready. Check out this video too: th-cam.com/video/LdJnrNO5nmg/w-d-xo.html
Do you have any experience with Nelson & Kennard? I have three Barclays, the first was settled in house this is the second and it was sent directly to Nelson & Kennard at 6 months late. From what I see online they are litigious so now I'm a bit nervous, I called and the offered to cut $500 off the balance of $5693. Any time frame on attorney debt collectors from time of placement to suit?
Collection law firms typically sue after they have had the account for a month or two, all the way to never filing. Sometimes the settlements with collection law firms like Nelson and Kennard are better when they have already sued and you defend the suit the right way. In other words, you can use being sued to your advantage. Check out this video: th-cam.com/video/LdJnrNO5nmg/w-d-xo.html
Hi Michael. Are attorney costs included in a chapter 13 bankruptcy plan? And after being sued, can a creditor seize household goods if jointly owned, with only one spouse owing the debt in state of PA?
Talk to your attorney about how they charge. I have seen chapter 13 attorney fees built into the trustee payment. Talk to your attorney about jointly owned household goods exemptions in Pennsylvania. Your state has one of the worst protections in this regard. But I do not often see creditors go after household goods on a judgment... not for credit card and other unpaid loans. What type of debt are you being sued for?
Hello Michael, I’m being sued by a Creditor and I just missed the Court date. And haven’t contacted the attorney’s office. Is it too late to try and contact them to work out a payment arrangement? What can I expect next?
You can still work at setting up payments with them. More on what to expect here: consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/
Mr. Bovee: I'm wondering if you still monitor all comments posted, even on videos posted years ago. Anyway, a credit card collector/attorney (I have no clue - Citibank) has filed a lawsuit against me but I have not been served. I'm in the state of Georgia. The only way I found out was due to a number of attorney letters in the mailbox wanting me to file Chapter 13 (not an option for me). I suppose another will be filed within days but...I'm wondering if I can deal with these people now - or if I can speak to you about helping me out. Thank you,
Why would Discover Bank who had a Judgment and a wage garnishment drop the garnishment and hire a different law firm in a different state? The judgment is from Ohio and now they hired a law firm in North Dakota?? I live in Wyoming and my employer is in South Dakota and the Judgment is no longer good in Wyoming. (Foreign Judgment is no good after 5 years of residence) Can the law firm in North Dakota do something a law firm in Ohio cannot? Plus they lowered the Judgment amount from $6300.00 to $2691.00. Any insight?
Hi Michael, it is my understanding that some law firms are more reasonable than others at trying to achieve pre-litigation settlements so that both sides are able to save money on filing fees, legal expenditures, and on other resources. Assuming that's correct, are you familiar with the law firm Lloyd & McDaniel and, if so, how would you classify them in terms of how reasonable (or not reasonable) they may be in extending any good-faith efforts to try to be able to arrive at pre-litigation settlements that might be financially attainable for those being contacted?
Hi Michael, i received a letter from Valentine & Kebartas regarding full payment of my SoFi account. Do you have any experience with them? Any advice on settlement range? Will they sue me? I am in Florida.
Michael Bovee They are working for Resurgent. Today they verbally accepted 50% over 60 months with first payment today which seemed fishy. I’m suppose to get an agreement letter via email in the next day or so. As a precaution, I set up the first payment in an alternate account with only that amount available for first payment just in case; until I receive the letter. I’m skeptical thinking they just tried to get a payment for repayment statute re-up but my account is present so hopefully it’s legit.
I need some information and advice. I got contacted by a debt collector a few days ago over a t-mobile account from over 10 years ago wanting to put a judgement against me and garnish my wages. They wanted a specific amount way more than i can afford a month instead of taking payments I could afford. What should I do. Lived In Wyoming at the time now currently in Ohio. Please help!!!
This sounds like a debt collection scam. Check out this article and consider filing the complaints I refer to: consumerrecoverynetwork.com/question/debt-collection-scams-fakes/
I received a levy and money was already taken out of my bank account. Would I need to hire a lawyer? This was from Capital One opened in 2007 (per Hunt office), but I have not received or used this card. I have received notice from them but ignored. Now money was taken out from BOA account!
It is for 18K and has taken about $3600. They sent me a notice of levy and it states that I can claim any available exemptions for property by this Friday. If this is not done, can they take more money out from my other accounts?
Hello Michael! Thanks for these great informational videos!! I just got served from Calvary Portfolio and the attorneys are Blatt and Gaines...The amount is for around $1100...I believe it would better suit me to probably negotiate down and pay it off but I am not sure what I should realistically expect them to accept. Any advice on that would be greatly appreciated! Thanks, Michael
Debts that reach the court rarely settle for less than half in my experience, and getting to 50% is no gimme. It is often harder to get better settlements on smaller balances. If you file an answer or general denial it may lead to a better settlement outcome. But there is often a cost to that too, and a big on in some states (California a good example).
Hi Michel, I have 2 credit card debts totaling to $14000. I did not pay them for 2.5 years and they are still with original creditors when I checked credit report and marked as Charged off. So please let me know what are my options to pay it off
In most situations where the debt is charged off I encourage you to consider settling the debts, but only if you can raise the money needed without further personal finance pain. Who are the accounts with and what are the balances? I can offer an estimate of what may need if I know that.
Can you come up with roughly 6k to settle these debts at at around the same time? If not the full amount right now, what can you pull together in the next 30 days?
I live in North Carolina and just got a signed judgement against me today in court. I was sued by Midland funding while in court I asked for validation of them owning the debt from the original creditor. I find out there was evidence withheld from me claiming they sent me all the papers and documents but they didn't. I challenge them on statue of limitation too. To my surprise the judge says North Carolina doesn't have a statue of limitation and disregarded but of my defenses. On the affidavit part I asked for a witness to come forward and he says affidavit is enough I'm in district court to where I have the right to question a witness that has a claim against me and wasn't able to do so. This is not fair
I would talk over your situation with an experienced debt collection defense attorney in NC. There are appeals you could file, but I would want to know you have a good shot at winning first, and sometimes the cost is not worth it. The judge saying the SOL does not exist is a huge red flag to me, and if yours was passed the SOL this should have been an easy dismissal, so lead with that with the attorney you talk to.
@@MichaelBovee i also live in NC. I have a summons to answer by March 17 2019.... Equipment lease gone bad due to losing employment. $5000.. Went to 10,000... I know getting a lawyer will cost me
@@MichaelBovee my goal is to answer the courts... I want to pay my bill i just need time. I also need the plaintiff to send me a monthly bill. I don't have a lump sum to put down... My loan started at $5,000.. Now $7,225 and their attorney fee 2,975... I have to answer by March 17th...
Hi. We were contacted by an attorney for Farmer's Insurance for our former policies with them. I tried contacting Farmer's about this issue, but have hit brick walls. Farmer's wants $1000 for policies that we got because the broker lied to us and told us we legally had to get a multiple vehicle policy, then when we learned that wasn't true, he didn't cancel 2 of 3 vehicles for 2 months when we told him we had other coverage, then he called our current broker and lied about an accident claim we had, and finally he told them lies about our personal lives as well. We haven't received any documents yet from the lawyer, but were threatened with a 24-hour lawsuit deadline. How should we handle this? Thank you for your time and advice.
I would call a debt collection consumer law attorney in your state about this. You may have claims of your own that could be brought to light. A call to your states insurance regulator may be a good idea, as could a complaint to the CFPB. More on that here: consumerrecoverynetwork.com/filing-complaints-with-the-cfpb/ A BBB complaint against Farmers may get a response as well.
@@MichaelBovee Thank you very much for your help. We'll pursue that again now that they are getting aggressive with us. I watched a couple more of your videos and they also helped put me at ease regarding our issue. I will be making my 18 year old daughter watch them as well so she doesn't have to make the mistakes I did. Thanks again!
If I owe $5600 in sign a bonus repayment and want to avoid court or being sued what would be a good percentage to offer? I was thinking offering $4500 total with $500 down and $500 per month until laid. The employer is guilty of allowing some drug enforcement agency rules to be broken and animal neglect also ( I informed the owners of the animals ) but my employer never took my concerns seriously, which I can prove , which was partially the reason I quit afraid the DEA would come after me and I am responsible as a vet for good care of animals. . I want to avoid all that drama. He does owe me 2 days PTO so I figured I would subtract that and call it even. Any thoughts? That's 80% of the debt owed. Thank you for the videos and your advice.
Michael, i need help I have a judgement from an attornery working for amex. i am being sued. I was served properly. Can I still negotiate with the attorney? I was ordered by the court to submit a fact information sheet to the law office. I am self employed, don't have any extra money to pay the debt but i do have a car worth 10k and my husbands car worth 8k. will they try to take my car? or will they be willing to settle. I owe 14k. i can't work without a car. Please any advice you can offer...time is ticking...
The Florida exemption from judgment creditors related to your car is $1,000 plus up to $4,000 of an unused homestead exemption. But debt collectors do not want your car. They want cash. Do you have a path to raising the money to settle the AMEX debt? What if they would take half... could you pull that together? I am not suggesting that you need to do that before your deadline to complete the asset discovery documents is up, but say within a month or two?
I have a very old judgement probably 7 years now. I looked it up on public records and it’s still there (obviously). I just want to pay this thing and get it out of my hair. How do I go about paying it? How do I find out the exact amount owed? Will it get taken off of my public record once it’s paid? I live in Missouri if that helps any. Thanks!
The judgment may not be on your credit reports now. But it is still part of the public record. Once you resolve it, you can expect the collection law firm involved to file a motion of satisfaction with the court. If you are paying in full, you can call and ask todays balance. You can cross reference the amount owed with what the judge granted them in the final order along with any interest the court set. On late stage debts like this you get the same result whether you pay in full or settle for less. I would try to negotiate a settlement for less if it were me. Be sure to get everything in writing before you pay.
Hi Michael. I just received a civil lawsuit letter from a attorney regarding an old credit card debt. It's summoning me to go to court and see the clerk. What am I supposed to do? FYI, the amount is not large and I am able to pay it off. I'd rather not go to court for it. Should i contact the attorney?
If you want to avoid court, and have the money to settle, I would call the suing law firm to negotiate as little as a reduction as you can. Even if only 20% less, it is still money in your pocket.
@@MichaelBovee Ok. Thank you Michael. One more question. I have another debt with Chase which is maybe 2~3 years old. Last time I was contacted regarding it was back in August 2020 from a collection agency. I want to know who I have to contact regarding the debt as I'm not sure if the same agency still has it. How can I find out?
You can call Chase directly. If they have it internal you can resolve the debt with them. If your account is at an agency, they will tell you who, and how to contact.
Being sued by Midland through Mitchell A. Meyers Sessoms & Rogers, P.A. Do I need to contact Midland to either set up a payment plan or try to negotiate a lump sum or do I know have to contact the law firm itself to try and work something out?
I'm not sure if I have judgements against me or not. I got served a subpoena twice over a debt I could no longer afford due to me losing my job. I never showed up to court. It's been almost three years since I have been served and they haven't tried to contact me or garnish my wages from where I work now. I m trying to re-establish my credit but I am worried if I do have judgements against me that all that work trying to get my credit back up will be in vain if they report it back to the credit bureaus. I'm not sure what direction I should go in to take care of this potential or if not, present problem. Where should I start?
Hi, Mr. Bovee, I came upon your videos and advice, and you seem to be the person I would seek advice from. However, I live in Texas, where a creditor cannot garnish my wages. And the bank funds in the checking account with my name on it, is only a convenience joint account. I recently found out I had a final judgment against me from Capital One attorneys and they sent me a photocopy of the final judgment dated July 26, 2012. But I dont remember ever being served, nor I ever received anything in the mail stating I had a court date. So, how does that happen. I recently received a letter dated October 15 with all this request for discovery papers for me to answer. I know the last time I did not pay the credit card was in 2010. I only have a week to answer. My question is should I answer the request for discovery questions. The first paragraph in the opening letter discusses the discovery forms and the second question discusses a resolution for payment options to send them a check or money order. What would be my next step? I am stumped as to how they managed to do this without me knowing about any of the actions they were taking. I have been in the same address for 35 years. Could you advice? I am desperate as to my next step.
I would talk to an experienced debt collection consumer law attorney in your state about any options you can explore when you had no idea you were sued. You can find some through the National Association of Consumer Advocates.
Have received a summons and getting sued from a local law firm representing Midland LLC for about $1400. Would you recommend me calling the firm and offering a half payment settlement offer and would that be an acceptable offer to avoid court and judgement?
A friend has a judgement lien for 20k. The person was out of the country and no one told him he was served. It’s been 10 years and they just came back. What can they do?
My co-signer has a lien on his property from an old debt of mine, my credit report is clear of any judgements. Where do I begin to research this and settle this old debt?
You can get all of the judgment information from the court record. Start with the civil court in your/cosigner county and search your names to pull up the case. You can call the creditor/plaintiff for more information, and also the collection law firm listed on the suit.
If there is a wage garnishment that is expired but the attorney can still come back on defaulted school loan to continue garnish wages. My friend contacted them while it's expired to settle it for $2500.00 and her brother is going to pay it. Is this the correct way and what order should we pay it in.
I am not sure I understand the situation. Check out this article about settling judgment debts. It should answer all of your questions: consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/
Ok latest update...after receiving the summons from court that i was being used by BofA, I called to try to reach a settlement agreement. They told me it was transferred over to TRAK America. So my question is ... does the lawsuit till stand? Bank of america no longer has my account....is TRAK America gonna represent them? should i try to settle with them? Im not trying to avoid payment, im trying to avoid lawsuits, but am confused by this action.
You can settle with Trak America, and often for a better savings than if your account was still in the attorneys office that filed a lawsuit. Call me to go over next steps if you want to settle with Trak America. I am at 800-939-8357, ext 2.
Hey Mike, I have a judgement for $8,000 credit card from 2011, I have the Attorney contact info, Im currently in the process of refinancing my home wondering can I make a settlement offer and how low should I go? I won't tell them about refinancing
Check out this article and video about settling judgments: consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/ You do not need to tell them you are trying to refinance. They can typically see it on your credit reports.
Hi Michael, I know this video is from years ago and don’t know if you would still answer, but I seem to looked everywhere and so lost right now. I got sued by midland credit over a $1800 debt through a law firm in oklahoma. I was served on Wednesday. I don’t mind to settle a payment to avoid showing up at court. I do not have a court date yet. Should I file an answer first and contact the attorney later? Do you think they would settle this debt with me if they has already come this far? If they do, what should I ask them on the agreement? And also, what the chances that attorney will show up at court for this amount of debt?
If it were me, I would defend the suit before negotiating. There is a time and resource element to doing that correctly. For me, it would not be worth hiring a debt collection defense attorney over this balance amount. There are low cost options for drafting the answer, and you can also look to craft your own. There are filing fees with the court that will vary from state to state. If the costs and time commitment start to stack up against it, you could certainly look to negotiate a settlement prior to defending. My experience is that Midland litigation accounts settle much higher than when negotiating prior to legal placement. You could be looking at something like 80%.
@@MichaelBovee i don’t know what’s my chance of winning this. I received my debt collection letter from them like year ago. I didn’t know much and just follow the steps on their letter to create an account on their website, and agreed for a settlement payment. I even typed in my bank account for recurring payments. I don’t know if they will use it to against me on court. I did asked around but people told me it would cost more to hire an attorney for this amount of money. I have no experience on this at all. Don’t know how midland work with negotiation.
I cannot say what your chance of defending and winning is. For me, it is about math. How much time and energy do I want to dedicate to the solution? Settling could run 80 percent. Defending could run a few hundred and/or a bunch of hours of time. If the effort for the defense is to try to win, which is a maybe, what do you dedicate to it? If they win, and a few hundred in legal fees are tacked on, and I can still settle for around 80%, I am out the time and money invested in the defense, and the 80 percent is off a higher number. I am prone to want to settle in these situations but can completely understand the desire to invest the money and energy into the fight too.
@@MichaelBovee thank you so much for replying! I didn’t expect that you would reply to comments from old videos. I really appreciate that you spent time to read and write a comment. It helps so much. I will call to negotiate on Tuesday and send out my simple/DIY answer as well in case they drag it out. And hope to get somewhere near 80%. I will make sure to ask them have everything in writing. Do they have to mail it to me or email works? And do both of the parties have to sign on the agreement before my payment? Thank you so much!!!
Appreciate you Michael! My 81 year old dad lives in winter park FL and collect a pension and SS, which is entirely used for his flailing health circumstances. There’s been a judgment via AMX recently, I aim to motion to vacate and wondering if I can handle it or if a lawyer needs to be involved… And if he’s protected because he resides in FL…? Thank u in advance
I would typically suggest working with an experienced debt collection consumer law attorney on something like that. Does your dad own a home in FL? If so, a judgement could potentially result in a lien being filed against it. His social security and pension would not be garnished at the source, and it sounds like he burns through it each month, so it is not building up in his bank account, which is key to that being protected. Talk to the Florida consumer law attorney more about those protections too. Peace of mind in a situation like this is key.
He does not own a home, and has zero assets. Lives with my sister and her 3 children, she’s a practicing nurse doing IV infusions . Is the type of lawyer you’re recommending free, because we are extremely limited funds wise?
Thanks for those additional details. Talk to the attorney, but also know that he is likely collection proof. More on that here: consumerrecoverynetwork.com/question/social-security-pension-state-exemption-debt-collector-garnishment/ He can also file for chapter 7 bankruptcy to wipe this, and most other debt out, for under 2k.
Hello can u help me out please, I was on the process to buy a house , everything look good And closing date will be may of 11 , and just receive a phone call from title company said that I had a judgment on public records, which is not showing on my credit report that’s y everything go very smoothly, and that judgment is was 2013 of June so it’s Almost 5 years ago and it’s about 9000$ , the lender told me that I have to settle and pay it off when at closing. , I have my 2 little kids with a part time job , I don’t have that kind of money to pay, how much u think I should offer , 3000$ is the most I can do , can u give me advice, I put a lot of effort in this house, I don’t want to lose it , I’m so frustrated and don’t know what to do !!! Thanks and I appreciate it
So I filed an answer of admittance to a case with Capital One. Order of judgement was just filed by the court today. 3/19/2018. What would be the next step? Just sit back and wait or contact their attorney and go from there?
1550 plus court fees. 0% interest. I would prefer to settle at 50% just to get it done and over with rather than wait for them to go after wage garnishments
Hi Michael, when setting up a repayment agreement over the phone with a debt collection law firm is it normal for the collector to ask me questions on my current income and employer specifics? Thanks!
I received an email from a company called Credit Bureau inc. They have 2 addresses that are fake. I called USA CASH ADVANCE. .where i supposedly owe 1091. When i call the number ..they hang up. What if they tried to sue me..I have an attorney already
Hi I just saw your TH-cam about how to handle a dept collector, so I have a question last week a lady call me private saying she was going to my address to drop some documents I ask her was is about she couldn't tell me and she gave me a number with a reference number so I called the number i spoke with the guy told me that I owned a dept from 2011 check into cash it was payday loan and if i dont pay i will go to jail so I did told him i did owed the money and he told me my last 4 digits security number so i made payments arrangements for 1300 dollars and I signed a settlement agreement but I told him i needed to see other documents proving it is me and he said he doesn't have too and he can't send me nothing to me, now im confused and idk what to do now? Also it not on my Credit, what should I do, thank you.
If it were me I would call my bank and cancel any payments right away. This is likely a scam More on that here: consumerrecoverynetwork.com/question/debt-collection-scams-fakes/
Hi Michael, I've been trying to contact the site via the question portion on the website but it's not working. I am currently having issues and I just don't know where to turn
+lindaluvvv320 You can reach me for a phone consult at 800-939-8357, press option 2 to ring to my desk. I am on the phone a lot, so be sure to leave a message so I know to return your call.
I live in Missouri. I just had a judgement against me today. Its only the 1st of several to follow i'm sure. I had 6 credit cards, lost my job. was trying to stay afloat by using cash to pay the cards and cards for living. of course they got maxed out and i had to quit that. i'm still struggling is the only reason i havent tried to fixed yet. i do have alittle money in the bank for bills but wont have that if they garnish it. i cant afford that. is there anything at all i can do?
Yes. There are typically rules for how quickly your appeal must be filed. There are additional ways to challenge a judgment after the appeal time has run, such as petitioning the court to vacate. Talk to an experienced debt collection consumer law attorney in your state about different approaches that could help in your particular situation.
I was in the hospital and I got some high bills, (3,650) and (6,578), the hospital wants it paid in 2 years, and I can't afford to pay the monthly payment, I wanted to sent what I could afford and they said they would sent it to collections even though I am paying on it, I am scared of my check being garnished what can I do
Barbara Menefee They would need to sue you and get a judgment before they could garnish wages. But what they said about your account going to collections even if you send what you can each month is fairly common. Has your health stabilized? Do you have credit card and other unsecured debts that you pay each month? If so, what do all of those current balances add up to?
I'm from California and hope you can give me some advice(no legal binding, just your 'two cents'). I finally got a job, but I'm worried these collection agencies(one has a judgement on me) will call and get my fired from all the calls. How would I get them to stop and only contact me through my cellphone number and address? Also, I'm planning to file for Chapter 7 bankruptcy and spoke to a lawyer a little bit about it. Should I mention that? I know I can't get rid of them by just saying that, but I am hoping that they realized I'm a lost cause and calm down about trying to get me to pay.
With the extra ordinary collection options available to a judgment creditor, I would not rely on their calming down about collecting. You can go on record with a phone call and a follow up letter (send certified mail return receipt) with the collection attorney about calls your work are inconvenient at all times. But you will also telegraph you have a job and they could then try to garnish your paychecks. That may affect your employment in the same way you are concerned the phone calls would (though either should not be the case, the reality is what it is). I would just give them the bankruptcy attorneys name and number if it were me.
Thank you for your reply. I don't have a lawyer working for me currently. The lawyer I spoke to was just a council. In your opinion, should I just bite the bullet and contact them? To at least cut down the amount of collectors contacting me thru my job. I feel that the one with the judgement will already contact my new employer to garnish my wages since it's been already a year with this judgement and I haven't given them anything. I've only contacted them once telling them I didn't have a job .
elchamber If it were me, I would not contact them about never calling my work. That is just an informal invitation to try to garnish. Why is it you want to put off filing the chapter 7 bankruptcy? You can often set that process in motion with an attorney by making installments, that is, if its an affordability concern.
I'll have to wait until I have money. I haven't started work yet. How about those that doesn't have a judgement on me? I thought I should call those and say I just started and don't have any money. Please only call me at this number.
elchamber I would not do that if I were in your shoes. There are only limited ways these collectors are even going to learn that you are now working. You, or someone else tells them. Your job and contact information to your employer is often what you list on credit applications when you apply for stuff (cell phone, apartment, credit, etc). If between starting work, and filing for bankruptcy, you are not filling in forms that would result in that information being accessed by debt collectors (mainly through credit reporting agencies), you should be okay. Waking up debt collectors to the fact you are now more of a potential payer, even though you tell them your not, does not mean they listen, or act accordingly. How long before you anticipate hiring the attorney to file?
Settlements are typically common at all stages of a collection lawsuit. The deals are often not that great at this point, but they can be had. Who is the named plaintiff on the suit? Who is the collection law firm?
Is there a debt buyer involved, such as Portfolio Recovery, Midland Credit, Cavalry Portfolio? How much is the suit for? Do you have open tradelines on your credit reports that show only positively? A mortgage or car loan is one thing, but other open and current credit cards and personal loans are a sign of someone not in as bad a hardship.
@@MichaelBovee A debt buyer was not involved. Only the original creditor and the law firm that's representing them. I'm not sure if a collection agency will be chosen to receive the funds after the motion for summary judgment.
I’ve been served, it has a court address and room number but the date it says return dat feb 2. Do I need a lawyer? It’s with midland says they have tried to reach me and send letters but I moved so idk where they send the letters to. What can I do I’m freaking out
2,197 i want to pay it and get them off me ! But idk if I should get a lawyer to settle . The paper work is strange too has no court date or room just says return date and 9-2
Wages are exempt from garnishment in North Carolina. SSI is exempt, but could be at risk in your bank account if you have more than 2 months worth built up in there, or if your exempt money is mingled with non exempt.
I have been paying on a dept that did not go to court but was wrote off from a mortgage company. It was a second mortgage. we made am agreement with debt collection agency Weltberg, Weinberg, Ries we owed 51000 dollars we have paid over ten years 400 dollars a month for a total of 52800 dollars. they say we still owe over 35000 dollars. What can I do?
The judgment shows on the credit report due to the court record. Paying the judgment creditor will only cause the court record to be updated that the judgment has been paid or satisfied (whether paying in full, or settling for less). In order to remove a judgment you have to petition the court. If is a process that is best to have attorney help you with, and is a waste of time and money if the judgment is legitimate, and all protocols were followed.
I need help! I had someone crash into my car from falling asleep and I sued his insurance. NOW the law office has settled the case and paid all the medical off and sent me a check. However my credit report has a few bills that slipped through the cracks, somehow... What should i do? Tell the lawyers? pay them? idk what to do :O
Are they all medical related? How much is each collection account? What were the dates of service? Was any portion covered by your own medical insurance?
I Made a settlement with a debt collector that already had a judgement on me. The Debt collector is still garnishing my check after receiving a settlement check. They have actually Garnished over the original amount of the debt with the Settlement check added with the Garnishments they have took out.
I would file a complaint with the CFPB. I have an article about why, and what information to gather here: consumerrecoverynetwork.com/filing-complaints-with-the-cfpb/
I have had a judgment from an attorney for Bank of America- they did not use their name (atty name) on judgement - it still says I owe Bank of America kind of confusing! But it’s been almost 10 years- and I was judgement proof then. I now work ultra part time- seasonally in the service industry, but do not work much and only seasonally! And they are wage garnishing! It is embarrassing! But oh well I doubt I’m the first! They may get lucky and get $200 a year on my $6200 judgement! And I will honestly work it to where I do not make more than the exemption amount by much since I can ask to only work 1 day a week or a few times a month- it will not be worth my time and gas to be paying them from the small amount I make each year. I tried to call to settle but they never do - they want full amount - I go to court on their wage and bank discovery in 2 months! I don’t have much hope of this ever getting cleared until my death to be honest! I will never be able to have loan or own anything in my name! So if they won’t settle on an almost judgement proof person I will say from my experience judgement lawyers very rarely settle! I can’t believe the courts let these slimy attys buy for penny on the dollar other peoples debt then want full amount only! It’s robbery on the general population and makes corporate lawyers rich! One of the biggest faults of America on the poor or middle class!
Do i call the credit card attorney to negotiate a payment plan if im currently being sued? Do i need to enter my response before contacting them? What do i even say to them to negotiate?
Once there is an attorney involved you will typically have to reach any agreement with that law firm. My experiences is that filing a well crafted answer to the complaint, or a general denial, will better set you up for negotiating a deal. What to say when you are negotiating is situational. Check out this post about negotiating when sued: consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/ You will also want to watch this video about what debt collectors can see about you: th-cam.com/video/zHok7I7QEWE/w-d-xo.html
I have watch your video I try to sell my home some how the tittle company pull up it said I have couple of judgement and my boyfriend too we file bankruptcy couple year ago I thought is clear but it wasn’t maybe I miss some can you give me advice our house is closing in two weeks? Thank
Talk to your bankruptcy attorney about this, and your options at this point. It would really suck to have filed chapter 7 and not have these included, and then have to settle them now in order to reach your goals.
Are you going to settle for a single lump sum amount? Get it in writing before you pay. Talk to the collection law firm and confirm they are dropping the case.
I have a judgment against me and a lien on our home. The balance is currently 27,000 - they offered to settle for 13,000 back in February but I didn't have the funds. I just offered 6,000 and they came back with 20,000. Do I keep calling them and stay with my 6,000 offer for a few calls or increase the offer by a few thousand every time I talk with them? Or should I just go right to the 13,000 they offered in February? I'd like to settle this as soon as possible.
When you are in a hurry to negotiate it can hinder your savings. But I realize there are goals we want to reach that trump savings. I would consider calling to say you found another resource and now have 10, or something along those lines. I would hold that line for a couple calls and see where things go. The reality for settling judgment debts it typically 50% or higher.
Thanks! Should i bring up the fact that they offered 13,000 just a few months ago and then offer 10,000 or use the 13,000 offer in my negotiations if they counter with something too high?
If it were me I would consistently bring that up, and that I have tried very hard, turning over every stone to raise the money, but it is impossible each step of the way.
There was a court date without my knowledge in June of 2011, for a credit card in 2009. I was never served any papers. When I found this out in Sepymeber of 2016 I talked to their office I was told they won and I had to pay 3300. I offered 500 that day and 50 a month. They refused and said they needed 900 as a first payment and 200 a month. I couldn't do it. Also I told her I had insurance on that credit card and they were suppose to pay when I couldn't medically work. She lied and said I didn't, though I have paperwork that proved this. Then she never called again. My fiancé and I have been looking at homes with a realtor for a week and yesterday we realized they took 3500 out of out account! The 3300 and 125 of fees! I'm not working. We r not married. This was HIS money. They took our home basically. For now we only have half of the down payment. We didn't do our taxes yet( next week) but we usually owe the irs about 6,000 a year because of his side business. So what are we suppose to do now? How can they just take it when they KNEW it wasn't mine? My name is on the account unfortunately, in case of an emergency, ( we have a child together) but it's literally ALL his money. I've never made not one deposit on there. Because I have nothing to deposit! What sickens me is that my credit card limit was 800. That's right 800. The rest were fees and interest they added up to it.p because apparently I couldn't close out my account for a certain amount of time. Even though like I said I was medically unable to work. This is capital one. I hate them. We were all in a law suit against them ( all capital one clients that weren't bein honored the insurance conditions and couldn't work and they still refused to pay for them) and we won! I don't get it. So much shade and scheming with these people. They do things ILLEGALLY and get away with it. Oh and by the way I live in New Jersey.
Your fiancé can contest the bank levy formally with the court and potentially get the money returned. It is because your name being on the account that they got it. I would file a complaint about this with the CFPB. Include all the history and the insurance coverage that was never honored, and the fact you never knew about the lawsuit (sewer service). File the complaint against Capital One and the law firm. Let me know what happens with that and let's go from there. Here is an article that talks about how and why to file with the CFPB: consumerrecoverynetwork.com/filing-complaints-with-the-cfpb/
So I've been sued by company at first was 38k now they ad more and more bringing it to 76k plus att fees 8k now since I live in nj and my x wife that I'm still legally married moved to PA and owns a property paid in full if they get a judgment against me can they possibly put a lien on her property since she's still my "wife" on paper even though she's resident of different state [Pa]
I would talk this over with an experienced debt collection consumer law attorney in PA. Jason Rapa and Greg Artim are both really good resources for this kind of thing in PA. Rapa on the eastern side of PA, and Artim on the west.
Were those actions close together? I do sometimes see a settlement reached while the lawsuit is out for service, and where the settlement payment has barely cleared, and the process server still serves the lawsuit. Did you do a settlement with monthly payment terms, or a lump sum?
its seems of though chapter 13 bankruptcy is way too consolidate your credit card debt... is this not the same thing is hiring a financial corporation to negotiate your debts down without having bankruptcy on your credit?
Chapter 13 is very different than settling debts for less. Chapter 13 provides protection from your creditors suing, but at the maximum pain level to your budget for 5 years. Most of us would want to manage the settlements or account resolution outside of chapter 13. Having said that, it is the right option for some.
Hi Michael, I had an interestingly annoying phone call from a collector. This collector is one of the more aggressive in your face collectors, but the reason I even spoke to them is because they called my co worker, a person that I have never used for a reference of any type, so how he got his number is beyond me. Two things I wanted to highlight. 1, he initially refused my request to stop calling people other than me, but then changed it to "I can't promise anyone will stop calling your coworkers if it goes to an attorney" I'l like really, you or anyone who refuses my request is violating the fair credit collections act. Then he tried to say that the balance owed was over $38,000. However, the account went to collection when it was at $6,500. What is your take on this? Have you ever heard of a collector trying to collect the principal balance plus the full interest of the loan, that never matured?
I have heard every manner of bad behavior regarding debt collectors. When did you stop paying on this particular account? Were you ever sued? Who is the collection agency involved? Did they tell your coworker anything about why they were calling, or who they work for? What state are you in?
My last payment to them was in April of this year. I wasn't sued, however, they threatened to submit a recommendation to file a lawsuit against me to their client. The collection agency is JPL Recovery. They didn't directly say that they were pursuing a collection against me to my coworkers, and now my bosses, but they did let them know that they were JPL Recovery, and were looking for me. And I live in California. They are the only collection agency that has crossed this line with me like this. I have several other collections that I am working with, and they have all been very civil and understanding. This one really hit me off guard. Now I'm wondering if my bosses are going to be having a talk with me. I already talked to the CPFB, and they gave me some advice as to writing letters and providing a letter from my employer. I didn't open a formal complaint however, not yet.
I would call Jeremy Golden for a free consult about any violation of your rights. He takes those cases without charging you. He covers the whole state. You can reach him at (619) 476-0030.
Thanks for your help Mike. I talked to them this morning, not to Jeremy but someone else, and they are going to definitely look into it and if they find that they are a legitimate company, they are going to file a case against them.
I have a judgement for 7, 600 the plaintifs lawyer said he can only lower it down to 4, 000 to the dmv and as u know its still to much i have a personal loan for 3, 000 i have tryed multiple attempts inreaching this attorney and no response is there anyway i can get this fixed?
Who is the plaintiff? How old is the judgment? Getting a judgment to settle for half is not an easy thing to do, and you have them really close to that. How long would it take to be able to cover what they are asking for?
It can vary. And you typically do not want to wait for the bank to bring up settling. You want to be proactive with the topic in some instances. The earliest, and still productive conversation about settling for less, is typically going to be after 90 days of being late. But the best savings results generally are available from 5 months late and on. Check out my video about timing your negotiation efforts and settlement deals: th-cam.com/video/Ci4Ut6AE4C8/w-d-xo.html
I have paid a debt collector 170.79, it was paid in full. My credit report has collections but paic in full what is the point of paying them and not paying them it is still bad on you credit.it will not leave for 7 years
The reasons to settle will vary from person to person. For the most part, settling is either: You never intended to not pay, but simply couldn't. When things turned around you felt it was the right thing to do. You are worried about collection escalating to the courts (probably not on a debt as small as that one though). You cannot get a mortgage with most unpaid debts on your credit, but can with paid or settled ones. You are looking to improve your over all credit, and paid/settled collections, at least for many of us, is still a path to that.
When attempting to settle with an attorney who is about to sue you, is it appropriate to mention that you are considering bankruptcy to dispel the debt, or is that seen as a "threat" that will only escalate the proceedings?
Hi, a Judgement was placed against me in 2013 for a Capital One CC with Lawyer "A". Now that I'm able to settle, the account has be moved to Lawyer "B. If I'm able to settle with Lawyer "B", can they satisfy the Judgement filed by Lawyer "A"? (Same client: Capital One) Thank you!
The newer collection law firm assigned to collect on your Capital One judgment can update the court record even though they are not the ones that handled the original filing.
I know this video is old and I’m unsure you will respond but here it goes. I had a credit card back in 2016 with citi bank and in 2018 a sherif came to my house to serve me papers that I appear in court. I was scared out of my mind and I literally ignored it. I forgot all about it until it popped up in my head the other day and I haven’t heard anything about it. I just checked and cavalry is still on my report under collections. I live in Pennsylvania if that makes a difference.
It sounds like there may be a default judgment against you in court. What is your goal for resolving this debt? Are there more debts than this, and if so, how much, and did you stop paying those in 2016 too?
@@MichaelBovee I think I stopped paying in 2016. The thing is, I got those papers 2018 and I didn’t go to court, but I haven’t heard anything since. What can they legally do?
@@MichaelBovee to answer your other questions, I only have two dental bills in collections. Everything else is ok in good standing on my credit report. How would I know if there was a judgement against me? I don’t have any plans to resolve the debt to be honest. Things are extremely hard right now. The original amount from the credit card was $3,600, and now cavalry is showing it to be almost $4,500.
You can search your name in the docket for your county civil court. Most have an online version on their website you can search. That should tell you the status of the case. If this is a judgment, it is not going away, and could be growing with court granted interest. You cannot have your wages garnished in PA, but your bank account is at risk when there is a judgment.
Hey Michael. I called Best Buy about an account i had with them that i figured was about to be charged off. They told me the status of my account was that it was going to be managed by someone else but they didnt know who at the time. So they told me to call back after giving it a month. It has now been at least a month since that call. When i call the best buy card today, once i put in my account info, it routes me to a law firm number. Which I assume specializes in this. I have not spoken with a person there yet, nor have i received any mail from them or bestbuy on this matter. Should i go forward with talking with them and settling debt, or get a lawyer first? Do you advice anything else? I have settled other debts already, and that can be seen on my credit i am sure
I would start negotiating if it were me. They are likely going to be filing a lawsuit soon. Is this account fairly new? Had you sent something to Citibank in the mail prior to the account charging off?
@@MichaelBovee i wouldnt say fairly new. Probably 6 or 7 years. And no. I just called them. But i had a diffrrnt account with citi that i settled recently. A regular citi credit card. And thanks. I will give them a call and see how it goes
@@MichaelBovee i called them. A debt agency i signed up with briefly before, but then ended the relationship was still listed as representing me. So that is likely part if the communication gap. So they want me to send them an email with what they call a letter of non representation. Basically putting in writing that that agency no longer represens me, before they will talk any further. So if i send that today, they are willing to talk again in the morning when they open again.
Hi Michael - Scott Freedberg here. I am settling several credit card accounts for my mother, and you have given me great guidance in the past. Still 3 unpaid. Actually 4 total as I have two with US Bank. Also one with Chase and one with Citi. I just had a call come in from UCB - did an internet search and it appears they're a collection company out of Toledo, OH. Do you know anything about this company? Also, given the three that I have yet to pay, any idea which one they may be handling? Thank you for all your help Michael.
I would suspect the Chase account. Can you pull together 25 to 30% on that one? There are fairly easy to deal with when there are sincere hardships such as your mom's.
Thank you Michael - I had suspected it may be Chase. I still have US Bank to settle - two cards over 10k total and one Citi about 9k. Between these I believe you told me that Chase would be last to settle, and US Bank first. From your info, Is Chase still not suing? Right now I am getting money together for US Bank - should my target be 35-40%? Thanks Michael
Thanks for the reminder. I would still follow that priority, as Chase has not started with more aggressive collections. And that is still a realistic target with USbank.
Hello Michael. Scott Freedberg again. Settling several credit cards for my mother, and your advice has been invaluable. I had two accounts with U.S. Bank - they were both charged off 5-31-17. I called them 6-13, told them my intentions were to settle the accounts and faxed them a Power of Attorney. Unfortunately when I spoke with them today, the larger of the two accounts (balance 8,683) was placed with a company in Houston, Tx called FMA Alliance. A little surprised it was turned over that quickly after charge off. I read some horrible things on the internet regarding this companies tactics. Do you know anything about them? I did settle the smaller account for 3383 at 1100.00, so I was happy about that; was hoping though to settle both together, but didn't work out. I was considering seeing if US Bank could recall the file that went to collections. Do you know if that's something that's possible or even necessary? Thank you for all your help Michael.
Yes, and FMA Alliance is someone I would negotiate the account with. The process will be as straight forward as any of your other negotiations. You may even want to bring up the one you just did with their client, USbank. Let me know if you run into trouble.
Talk to an experienced bankruptcy attorney in your area. If the money from the inheritance is taken by the court, but you could settle the debt for less than what you owe, and still come out ahead, you may want to consider that.
I had a collector call me threatening to have a judgment filed on me yesterday. The debt they are trying to collect is from 17yrs ago. My question is can they do that?
When people describe what you just did it often means you are being contacted by a debt collection scam. Read more about collector scams here: consumerrecoverynetwork.com/question/debt-collection-scams-fakes/
Alaska has better wage garnishment protections after judgments than most states. Sole household income earner has about 700 dollars a week protected from debt collectors.
Hi Michael. I was served with a statement of claim from an attorney contracted by Cavalry SPV for a CitiBank account in the amount of $4200. The account was charged off in July 2017, then was sent out by Citi to several collectors until it was purchased by Cavalry last year. I submitted my response to the claim to the District Court and Cavalry's attorney, if anything, to avoid getting a default judgement meted out against me. I have been working on settling several charged off credit card accounts over the past year, but could not get to this account fast enough to avoid a lawsuit. My question is what can I realistically expect for a settlement percentage when I contact the debt collector and offer to make a lump sum settlement offer?
My experiences over the years show that settlements when sued tend to be between 50 and 80 percent. More on that here: consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/
@@MichaelBovee Thanks! I was able to successfully settle the account for 60 percent. I'm grateful that you impart in your videos that it is not uncommon for terms of a deal agreement to take more than one phone call (it took five with a couple of offers and counteroffers). Thanks again for being a great advocate consumer relief.
Hi. I want to settle a judgment in CA. One is $2000 and the other is $6000. What are my options? Also, wasn't I suppose to be served with court papers before they moved forward with judgment? Thanks!
You should have been served and aware of the collections being filed in the court. There are allowable methods for alternative service of process, but there is also something called "sewer service" too. If you have moved, and are hard to locate, that would be the likeliest cause for the latter. If you have been in the same spot all this time, the more likely the former. If you are not the person I am currently exchanging comments with on the CRN website, who also has both a 2k and 6k judgment in California, lets continue the discussion. What amount of money do you have on hand right now in order to fund any settlement you negotiate on these judgments?
Judgments have a shelf life for collection that are set by state law. Judgments can also be renewed, and sometimes indefinitely. Example: Judgment debt is valid for 10 years in California, and can be renewed for another 10 years. Filing for bankruptcy can help you wipe out most types of judgments.
![What To Do If You Get Sued But You Don't Have The Money [Walkthrough]](http://i.ytimg.com/vi/yI1UQuT_qok/mqdefault.jpg)
![[Part 1] ทารกน้อยถูกทิ้ง👶 หญิงชราเก็บขวดขายเลี้ยงดูเขาจนโต #โลกการละคร](http://i.ytimg.com/vi/nPTDvFCExks/mqdefault.jpg)
@daphnee moon - Who is the plaintiff suing you? What is the name of the collection law firm? Did you only hire the attorney after the judgment was entered, or was she involved in your case pre judgment?
Hi Michael,
Your videos are just what I need now; thank you for sharing your knowledge and insights.
I’m being sued by LVNV for an old credit card debt from 2015. I need to submit my answer to the lawsuit pretty soon. The original debt was about $800. LVNV attached a bunch of old credit card statements, a notarized business record affidavit from the custodian of records, a few letters stating that the debt has been sold and apparently a page from the bundle of debt purchased with my name highlighted in group of consumer accounts.
My primary goal is to not hurt my credit anymore and not to have any sort of judgment or court record on my already damaged credit report.
My questions are:
1. Do I call the attorneys or LVNV to negotiate this?
2. When I call up the attorneys or LVNV, do I make them an offer or ask what arrangements can be made to settle the matter and get the case dismissed?
3. What payment method do you recommend when settling / paying in a case like mine?
4. Should I create a document that spells out the terms we agree to and ask LVNV to sign it?
5. You said “Settling prior to court is typically going to lead to the dismissal, but be sure to get clarity on this from them.”; in this case should I ask LVNV to dismiss the case upon payment and get that in writing or will the judge usually dismiss because the debt was paid prior to my response?
6. Do you think settling and paying before submitting my answer to the lawsuit versus settling and paying after submitting my answer to the lawsuit but before my court date would make a difference in the likelihood of getting the case dismissed?
7. How much would your company charge to attempt to negotiate this on my behalf?
Thanks again.
Stan
Since July of 2017 most judgments no longer appear on our credit reports.
You typically have to call the suing law firm to work things out at this point.
If the settlement agreement is in writing, I would pay from my checking account so I can track it and show proof they got paid in a moments notice whenever I want without any hassle.
I would want a settlement agreement from them, not one I made, and most collectors have approved verbiage they use for their letters, where one you submit will likely not get approved.
I would get them to point out what happens with the case in the agreement. Verbally will suffice for some, but others tend to get hung up on it.
My experience is that settling now or after defending typically leads to the dismissal.
We have experienced attorneys available to negotiate when sued that charge 15% of savings, but if you need to file an answer, they charge $200 for that.
Michael I appreciate your thoughtful response and the awesome resource you provide here!
Hi, Do you settle divorce judgement, if it gets to that point? I appreciate for your help, time and understanding. Thank you.
Can you be more specific with the situation and debt you are trying to settle?
If you already have a judgement and do not want to file bankruptcy what are your options live in NJ..
You can often settlement judgments for less, or set up payment plans. You also want to be aware that judgment creditors can lien property, garnish wages, and levy bank account in New Jersey. More on that here: th-cam.com/video/B4qsAdlpVSM/w-d-xo.html
ok I understand now thank you for making it clear.so now im about to make a lump sum payment.should I have them send me some type of proof that the payment im sending will pay it off in full,before I actually make the payment?
I would want a written agreement on there letterhead where they refer to accepting the amount you negotiate as satisfying the debt, and what they will do to update the court.
I cover written settlement and payment agreements in greater detail here: consumerrecoverynetwork.com/debt-settlement-letters-agreements/
I am going to a bench trial next month on the 4th of April. I have not verified the collection agency owes the rights to the debt of a capital one card for 3300, which is more than what I actually borrowed. They want to settle at $1700 in a lump sum. I'm in Texas. What can I do? ?
Do you want to settle? Do you have the cash to do it with?
@@MichaelBovee Yes, I have the cash now. What amount should I settle for?? Is this my only option?
Collections in the courts tend to settle for between 50 and 80 percent.
So settlement is my only option?
You can try to fight to fight to dismissal too. There is also chapter 7 bankruptcy if you qualify, but this is too small an amount for that (unless you have more debts).
Harris and Zide of South Pasadena, CA is suing me on a 20K debt from B of A. I was served 3 weeks ago in Gilroy, CA and now they sent me a letter to call and resolve the matter to avoid litigation proceedings. Should I file an answer of denial to give me time to raise more money or just call them. I might be able to come up with at least 12K.
Hello Bengie in Gilroy, CA :) 😃 ❤ My hometown is Hollister. I hope it worked out for you.
You can settle for less than that
Hi, and thank you for the opportunity for answering a question… my question is I have a judgment against me the courthouse wants me to petition the court and put the judgment of $1400 into escrow for five years.. which I have no problem of doing I just want to know how to write up a petition or is it called to modify the original petition and file it? I didn’t want to pay a lawyer just to ask the judge to hold this money in escrow…. Thank you for any kind of solution… really appreciate it….
I would indeed talk to an experienced attorney in your state, or perhaps ask the court clerk if there are similar filings you can view in the court record (to get a better idea for how to craft your own).
Hi and thank you so much for these videos. How long should a person keep their credit card statements for even if the person unfortunately stopped paying on those credit cards a couple of years ago and the accounts have gone to Collections/Attorneys? Also, can a collections agency or a law firm pursing a debt holder take money out of your bank accounts even if you are unemployed and have only very minimal funds? i.e. You are only bringing in a couple hundred dollars a month from odd jobs here and there. Thank you for any information.
There is no hard rule for how long to keep your credit card statements. I used to keep mine for a few years when they were mailed to me, but after going paperless, I do not store them.
If I had a dispute during any particular month, or was a victim of fraud or ID theft, I would keep copies of those statements indefinitely, if it were me.
One accounts are late, and certainly in collection, I would keep all correspondence until the SOL to sue in my state passes, and then probably until it ages off my credit reports.
If you are so late on a debt that it is sent to a collection law firm, and they get a court judgment against you, state law would govern what amount they could levy out of your bank account.
I am currently being sued by ford credit ,due to overage on lease mileage .
After my lease i tried purchasing the vehicle because i knew i had ran way over my milage but towards the end of my lease i ran into a financial burden.
I was late on payments but was able to work out to finish the lease
Long story short, I was told i didnt qualify to buy the vehicle at depreciation value and was stuck paying fees on milage and wear and tear ,however they tried to sell me a new car on the same day i returned my lease
Anyways ,here i am being sued by a firm representing them for the mileage debt
I need help! What is my best option please
How much is the suit for?
Are there other collections on your credit besides this one?
How much unsecured debt do you have total?
This article provides an outline for options generally: consumerrecoverynetwork.com/debt-solutions-review/
Once sued, I tend to favor settling for less or chapter 7 bankruptcy.
In certain situations, defending the suit will make a lot of sense.
There are instances where a payment plan is as good as it gets.
@@MichaelBovee hi, thank you for replying.
$17000 just from ford credit
My total debt is probably
$21000
That is certainly chapter 7 worthy debt. Check out this post comparing settlement and bankruptcy consumerrecoverynetwork.com/credit-report-score-rating-debt-relief-programs/
So you feel offering 40% of the debt is reasonable? Also, is it normal for the to haggle a settlement? I have a $3,000 debt I’d like to clear up. I live in a non garnish state if that helps.
If this is a judgment I do not think settling for 40 percent is all that realistic. You can start with a lower offer, but I tend to see judgment debts settle for 50% and higher more often.
I'm in NC and I have a judgment from an old debt from 2007 that BoA sold off to a collection agency. That collection agency then resold that debt and the judgment against me was in 2009. I believe the company used debt collection lawyers. The amount went from 5k to over 7k. What are my options to get this resolved?
Judgment debt can be negotiated for a lumps sum pay off that is less than the balance owed. The harder it is to collect from you the more chance you have of getting a good deal. Having said that, it can be tough to settle for less than 50% on judgments.
You can also discharge judgment debts in bankruptcy.
Hello,
I have a question. I am in Florida and I wanted to settle my judgement. I called and tried to settle but the lawyer told me that account increase to 16,000 dollars. I want to know more information about how I can settle with them
Who is the collection law firm? Who is the plaintiff that sued?
How old is the judgment?
Are you a home owner?
Have you applied for a home loan recently?
Midland filed suit in a different county, and recently filed disclosure of non-service. If Portfolio Recovery can find me, Midland should have no problem. I still have not been served on that one. Options?
Is the goal to settle the accounts? If it is, now is a good time to do it.
Once Midland learns they filed in the wrong jurisdiction they can fix that.
Settling now may be more convenient for both of you.
If the goal is to fight the suit, you could put up an easy win for a minute.
I received a 2nd notice from a debit collection company (original creditor a bank) saying that I owe $5100. They are saying that I have 30 days to dispute this notice. After that, the debit is valid and a judgment will be rendered. What are my next steps? I don't have a lump sum of money to settle? How much should be offered? Should I make payment arrangements? I just don't want to have my wages garnished. Help!!!
I would encourage you to schedule a consult with me: calendly.com/debtbytes/15min
I have more questions and details to ask for before I can offer the feedback you need.
Hi, i'm trying to settle a credit card debt today with a lawyer who filed a judgement. the judgement hasnt gone through yet. the sheriff served the paperwork but it hasnt gone in front of a judge yet. we are in the processes of negotiating a dollar amount. if we can agree on a price today, they are going to want payment today, what do i need to get from her as proof that the debt is settled so they cant come after us anymore? for example... how do i know they arent just going to say to the courts that they took this as a payment.... when they are telling me that the balance is zero - you no longer have debt with this company.
Get everything you negotiate in writing before you pay it. That is a common thing for collection law firms to provide. Cross reference the contents of their settlement agreement with what I outline in this article consumerrecoverynetwork.com/debt-settlement-letters-agreements/
thank you. i just got off the phone with them. your reply came in the nick of time. lol. they werent going to give me a letter - im so happy i asked. i was able to successfully settle the debt at 1/2 of the judgement. the lady i spoke with was so nice/sweet. everything went smoothly. but i wouldnt have had the confidence to contact them if it werent for your videos. thank you Michael.
Hey Michael,
I would like to take you advise on a matter. I have been working on repairing my credit score by working on paying off my debt. I had 4 accounts on there. Two with cox communication for equipment and service fees that I have paid off recently, and two others with capital one. One of the capital one accounts went to court and the other is with Calvary portfolio services. Both accounts have a cumulative debt of $2840. Both account are since 2013-2014. How do you advice me to proceed? I'm willing to pay off both account fully in one payment. In one of your videos you said that if capital one settles for say 50%, the credit report will still report an amount due. My main objective is to repair my credit. To avoid that happening, will I need to pay the entire amount? Also are there any "specific" resources on your website that would guide me in navigating my phone calls to the creditors? Thanks in advance for your help.
Capital One has cleaned up their credit reporting since I posted about that problem with them. If you experience something like that be sure to post an update and I can help you from there.
I would direct your attention to this page about settling with Cavalry Portfolio: consumerrecoverynetwork.com/question/cavalry-portfolio-services-collection-lawsuit/
And here is a useful post about dealing with an attorney collecting for Capital One: consumerrecoverynetwork.com/question/capital-one-lawsuit-negotiate-with-bank-or-contact-their-attorney-other-credit-card-debts-tracy/
Hi what happens when a person win a default judgement in court against you and they lawyer come with a settlement for 250,000and the judge award them and i have full cover insurance with farmers insurance will they garnish or take all my money until they paid in full or my insurance company going to write them a check
Can you be more specific with what it is you have going on?
Hey Michael,
I have an old debt from Citibank and I defaulted on Dec 2004. I never paid it off and got sold to three different collection agencies. The third collection creditor sold it to a attorneys office in 06. They filed a judgement on Apr 13, 2007 and were successful. The judgement is off my credit report and no sign of the debt on report. I received a judgement renewal forms in the mail last week that were dated March 1, 2017 and postmarked on the envelope March 6, 2017. I logged in to the Superior Court website and the judgement renewal was filed on the 6th and it was issued and filed. Since the clerk filed the renewal does that mean the JUdge approved the renewal of judgement? I know in California the attorney pursuing the renewal has 10 years to renew the judgement and expiration date is on April 13, 2017. If the judge doesn't see the case by the expiration date is the case considered time barred? Should I try to vacate the judgement renewal? Don't want a brand new judgement on my credit report.
Thanks
You will not end up with the same judgment back on your credit reports. But you will have the same judgment to look over your shoulder about (wage garnishment, bank levy, property lien) for another 10 years, and the balance will be growing.
I would suggest connecting with an in state attorney that is experienced with debt collection defense to talk over your options. But there is little you would be able to do at this point to stop the renewal.
Update: I talked to the clerk and she said it was renewed and filed and the judge did not have to review the case since it was an old judgement. I just have to wait until the attorneys office sends me a letter stating that the judgement got renewed. The amount of debt with original amount and interest over the last 13 years is about 3000. The collection agency First Resolutions Investment sent the debt to a attorneys office in California and they're the ones trying to collect the 13 year old debt. I will settle most likely and pay the debt with the attorney's office. I don't want to pay in full so I want to negotiate the settlement. I also have current credit cards that I make minimum payments to because that's all I can afford. I also have a student loan payment that I keep current. I'm basically drowning in debt and surviving on current credit cards. I'm guessing the attorneys office knows I'm maying payments to other debts but it's the bare minimum. What's your advice on settling the judgement debt and for how much?? Thank you
Check out this article about settling judgment debts: consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/
hi Michael. thanks for putting out a video such as this. I'm at the bank levy stage. do you suggest i hire an attorney or talk with the collecting attorney (didn't know i was sued in Florida and had a judgement. i live in Georgia). i don't want to file bankruptcy.
If you did not know you were sued until now and/or were sued in a state you did not live in at the time, I would talk with an experienced debt collection defense attorney in the state you were sued. There are a couple dozen good ones in Florida. Michael Tierney comes to mind.
I received a notice to appear in court a month from now. I am being sued by Cavalry SPV for a Citi credit card. Should I try to negotiate a settlement or appear in court for a judgment? Will my wages be garnished if I appear in court? I initially asked for proof when I got a summons and only received “bills” from citi cards it’s been almost 5 years so I have no idea of how much I actually owed. Any idea of what I should do? Thanks!
Check out this article for option dealing with being sued: consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/
Michael was wondering if you could give me advice. I have a credit union that is suing me and I got served today. What should I do to try and settle? Talk to them or the lawyer? They sent a letter to my parents house which I have not lived there in 7 years and I never got it. Thanks
How much is the lawsuit for? Which credit union is it?
Once an account goes to an attorney for legal collection, you are typically going to have to work out an settlement or payments with the law firm. How prepared are you to pay a settlement? Defending the suit the right way could buy you time if you are not financially ready. Check out this video too: th-cam.com/video/LdJnrNO5nmg/w-d-xo.html
Do you have any experience with Nelson & Kennard? I have three Barclays, the first was settled in house this is the second and it was sent directly to Nelson & Kennard at 6 months late. From what I see online they are litigious so now I'm a bit nervous, I called and the offered to cut $500 off the balance of $5693. Any time frame on attorney debt collectors from time of placement to suit?
Collection law firms typically sue after they have had the account for a month or two, all the way to never filing.
Sometimes the settlements with collection law firms like Nelson and Kennard are better when they have already sued and you defend the suit the right way. In other words, you can use being sued to your advantage. Check out this video: th-cam.com/video/LdJnrNO5nmg/w-d-xo.html
Hi Michael. Are attorney costs included in a chapter 13 bankruptcy plan? And after being sued, can a creditor seize household goods if jointly owned, with only one spouse owing the debt in state of PA?
Talk to your attorney about how they charge. I have seen chapter 13 attorney fees built into the trustee payment.
Talk to your attorney about jointly owned household goods exemptions in Pennsylvania. Your state has one of the worst protections in this regard. But I do not often see creditors go after household goods on a judgment... not for credit card and other unpaid loans.
What type of debt are you being sued for?
Hello Michael, I’m being sued by a Creditor and I just missed the Court date. And haven’t contacted the attorney’s office. Is it too late to try and contact them to work out a payment arrangement? What can I expect next?
You can still work at setting up payments with them. More on what to expect here: consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/
Mr. Bovee: I'm wondering if you still monitor all comments posted, even on videos posted years ago. Anyway, a credit card collector/attorney (I have no clue - Citibank) has filed a lawsuit against me but I have not been served. I'm in the state of Georgia. The only way I found out was due to a number of attorney letters in the mailbox wanting me to file Chapter 13 (not an option for me). I suppose another will be filed within days but...I'm wondering if I can deal with these people now - or if I can speak to you about helping me out. Thank you,
You bet. You can schedule a call with me here: calendly.com/debtbytes/15min
Why would Discover Bank who had a Judgment and a wage garnishment drop the garnishment and hire a different law firm in a different state? The judgment is from Ohio and now they hired a law firm in North Dakota?? I live in Wyoming and my employer is in South Dakota and the Judgment is no longer good in Wyoming. (Foreign Judgment is no good after 5 years of residence) Can the law firm in North Dakota do something a law firm in Ohio cannot? Plus they lowered the Judgment amount from $6300.00 to $2691.00. Any insight?
I would talk this over with an experienced debt collection consumer law attorney in your current state.
@@MichaelBovee Thanks, I talked with attorney and he said they have a BIG PROBLEM! I will not no anything until things progress.
Hi Michael, it is my understanding that some law firms are more reasonable than others at trying to achieve pre-litigation settlements so that both sides are able to save money on filing fees, legal expenditures, and on other resources. Assuming that's correct, are you familiar with the law firm Lloyd & McDaniel and, if so, how would you classify them in terms of how reasonable (or not reasonable) they may be in extending any good-faith efforts to try to be able to arrive at pre-litigation settlements that might be financially attainable for those being contacted?
There are worse collection firms to deal with.
Hi Michael, i received a letter from Valentine & Kebartas regarding full payment of my SoFi account. Do you have any experience with them? Any advice on settlement range? Will they sue me? I am in Florida.
Who is the collection law firm working for? Sofi often sells debt these days. The settlements can be different depending on this.
Michael Bovee They are working for Resurgent. Today they verbally accepted 50% over 60 months with first payment today which seemed fishy. I’m suppose to get an agreement letter via email in the next day or so. As a precaution, I set up the first payment in an alternate account with only that amount available for first payment just in case; until I receive the letter. I’m skeptical thinking they just tried to get a payment for repayment statute re-up but my account is present so hopefully it’s legit.
I need some information and advice. I got contacted by a debt collector a few days ago over a t-mobile account from over 10 years ago wanting to put a judgement against me and garnish my wages. They wanted a specific amount way more than i can afford a month instead of taking payments I could afford. What should I do. Lived In Wyoming at the time now currently in Ohio. Please help!!!
This sounds like a debt collection scam. Check out this article and consider filing the complaints I refer to: consumerrecoverynetwork.com/question/debt-collection-scams-fakes/
I was sued 9 years ago, I just filed bankruptcy. what do I file to remove the judgement please. I did it without an attorney?
It is best to consult with an attorney or work with a paralegal to fill in the documents. I know you need to list all of the debts in your filings.
I received a levy and money was already taken out of my bank account. Would I need to hire a lawyer? This was from Capital One opened in 2007 (per Hunt office), but I have not received or used this card. I have received notice from them but ignored. Now money was taken out from BOA account!
It is for 18K and has taken about $3600. They sent me a notice of levy and it states that I can claim any available exemptions for property by this Friday. If this is not done, can they take more money out from my other accounts?
Can you provide more details about your never having received the credit card? Is this related to fraud or identity theft?
Hello Michael! Thanks for these great informational videos!! I just got served from Calvary Portfolio and the attorneys are Blatt and Gaines...The amount is for around $1100...I believe it would better suit me to probably negotiate down and pay it off but I am not sure what I should realistically expect them to accept. Any advice on that would be greatly appreciated!
Thanks,
Michael
Debts that reach the court rarely settle for less than half in my experience, and getting to 50% is no gimme. It is often harder to get better settlements on smaller balances.
If you file an answer or general denial it may lead to a better settlement outcome. But there is often a cost to that too, and a big on in some states (California a good example).
Jus another $kammer jus like good ol' uncle $kam... GFY sellout!!!
Hi Michel, I have 2 credit card debts totaling to $14000. I did not pay them for 2.5 years and they are still with original creditors when I checked credit report and marked as Charged off. So please let me know what are my options to pay it off
In most situations where the debt is charged off I encourage you to consider settling the debts, but only if you can raise the money needed without further personal finance pain.
Who are the accounts with and what are the balances? I can offer an estimate of what may need if I know that.
1. Bank of america 6000
2. Discover 8500
Can you come up with roughly 6k to settle these debts at at around the same time? If not the full amount right now, what can you pull together in the next 30 days?
I live in North Carolina and just got a signed judgement against me today in court. I was sued by Midland funding while in court I asked for validation of them owning the debt from the original creditor. I find out there was evidence withheld from me claiming they sent me all the papers and documents but they didn't. I challenge them on statue of limitation too. To my surprise the judge says North Carolina doesn't have a statue of limitation and disregarded but of my defenses. On the affidavit part I asked for a witness to come forward and he says affidavit is enough I'm in district court to where I have the right to question a witness that has a claim against me and wasn't able to do so. This is not fair
I would talk over your situation with an experienced debt collection defense attorney in NC. There are appeals you could file, but I would want to know you have a good shot at winning first, and sometimes the cost is not worth it.
The judge saying the SOL does not exist is a huge red flag to me, and if yours was passed the SOL this should have been an easy dismissal, so lead with that with the attorney you talk to.
@@MichaelBovee i also live in NC. I have a summons to answer by March 17 2019.... Equipment lease gone bad due to losing employment.
$5000.. Went to 10,000...
I know getting a lawyer will cost me
@@mrmentorcreditjamz9305 What is your goal for resolving this?
@@MichaelBovee my goal is to answer the courts... I want to pay my bill i just need time. I also need the plaintiff to send me a monthly bill. I don't have a lump sum to put down...
My loan started at $5,000.. Now $7,225
and their attorney fee 2,975...
I have to answer by March 17th...
Hi. We were contacted by an attorney for Farmer's Insurance for our former policies with them. I tried contacting Farmer's about this issue, but have hit brick walls. Farmer's wants $1000 for policies that we got because the broker lied to us and told us we legally had to get a multiple vehicle policy, then when we learned that wasn't true, he didn't cancel 2 of 3 vehicles for 2 months when we told him we had other coverage, then he called our current broker and lied about an accident claim we had, and finally he told them lies about our personal lives as well. We haven't received any documents yet from the lawyer, but were threatened with a 24-hour lawsuit deadline. How should we handle this? Thank you for your time and advice.
I would call a debt collection consumer law attorney in your state about this. You may have claims of your own that could be brought to light.
A call to your states insurance regulator may be a good idea, as could a complaint to the CFPB. More on that here: consumerrecoverynetwork.com/filing-complaints-with-the-cfpb/
A BBB complaint against Farmers may get a response as well.
@@MichaelBovee Thank you very much for your help. We'll pursue that again now that they are getting aggressive with us. I watched a couple more of your videos and they also helped put me at ease regarding our issue. I will be making my 18 year old daughter watch them as well so she doesn't have to make the mistakes I did. Thanks again!
If I owe $5600 in sign a bonus repayment and want to avoid court or being sued what would be a good percentage to offer? I was thinking offering $4500 total with $500 down and $500 per month until laid. The employer is guilty of allowing some drug enforcement agency rules to be broken and animal neglect also ( I informed the owners of the animals ) but my employer never took my concerns seriously, which I can prove , which was partially the reason I quit afraid the DEA would come after me and I am responsible as a vet for good care of animals. . I want to avoid all that drama. He does owe me 2 days PTO so I figured I would subtract that and call it even. Any thoughts? That's 80% of the debt owed. Thank you for the videos and your advice.
What you are suggesting sounds reasonable. I would discuss it with them.
Have you heard from an attorney about collection?
I am being sued by Calvalry in Pennsylvania and wanted to know if they obtain a judgement what options they have to enforce it?
No wage garnishment in PA, but they can levy a bank account and lien real property.
Michael, i need help I have a judgement from an attornery working for amex. i am being sued. I was served properly. Can I still negotiate with the attorney? I was ordered by the court to submit a fact information sheet to the law office. I am self employed, don't have any extra money to pay the debt but i do have a car worth 10k and my husbands car worth 8k. will they try to take my car? or will they be willing to settle. I owe 14k. i can't work without a car. Please any advice you can offer...time is ticking...
The Florida exemption from judgment creditors related to your car is $1,000 plus up to $4,000 of an unused homestead exemption. But debt collectors do not want your car. They want cash.
Do you have a path to raising the money to settle the AMEX debt? What if they would take half... could you pull that together? I am not suggesting that you need to do that before your deadline to complete the asset discovery documents is up, but say within a month or two?
Michael Bovee gives the best advice. I spoke with him today and he gave me his honest professional opinion...Thanks Michael!!!
I have a very old judgement probably 7 years now. I looked it up on public records and it’s still there (obviously). I just want to pay this thing and get it out of my hair. How do I go about paying it? How do I find out the exact amount owed? Will it get taken off of my public record once it’s paid? I live in Missouri if that helps any. Thanks!
The judgment may not be on your credit reports now. But it is still part of the public record. Once you resolve it, you can expect the collection law firm involved to file a motion of satisfaction with the court.
If you are paying in full, you can call and ask todays balance. You can cross reference the amount owed with what the judge granted them in the final order along with any interest the court set.
On late stage debts like this you get the same result whether you pay in full or settle for less. I would try to negotiate a settlement for less if it were me. Be sure to get everything in writing before you pay.
Hi Michael. I just received a civil lawsuit letter from a attorney regarding an old credit card debt. It's summoning me to go to court and see the clerk. What am I supposed to do? FYI, the amount is not large and I am able to pay it off. I'd rather not go to court for it. Should i contact the attorney?
If you want to avoid court, and have the money to settle, I would call the suing law firm to negotiate as little as a reduction as you can. Even if only 20% less, it is still money in your pocket.
@@MichaelBovee Ok. Thank you Michael. One more question. I have another debt with Chase which is maybe 2~3 years old. Last time I was contacted regarding it was back in August 2020 from a collection agency. I want to know who I have to contact regarding the debt as I'm not sure if the same agency still has it. How can I find out?
You can call Chase directly. If they have it internal you can resolve the debt with them. If your account is at an agency, they will tell you who, and how to contact.
Being sued by Midland through Mitchell A. Meyers Sessoms & Rogers, P.A. Do I need to contact Midland to either set up a payment plan or try to negotiate a lump sum or do I know have to contact the law firm itself to try and work something out?
You typically have to work things out with the law firm now that they have the account in court.
I'm not sure if I have judgements against me or not. I got served a subpoena twice over a debt I could no longer afford due to me losing my job. I never showed up to court. It's been almost three years since I have been served and they haven't tried to contact me or garnish my wages from where I work now. I m trying to re-establish my credit but I am worried if I do have judgements against me that all that work trying to get my credit back up will be in vain if they report it back to the credit bureaus. I'm not sure what direction I should go in to take care of this potential or if not, present problem. Where should I start?
Look up your name in the county civil court records and post an update with what you see there.
Hi, Mr. Bovee, I came upon your videos and advice, and you seem to be the person I would seek advice from. However, I live in Texas, where a creditor cannot garnish my wages. And the bank funds in the checking account with my name on it, is only a convenience joint account. I recently found out I had a final judgment against me from Capital One attorneys and they sent me a photocopy of the final judgment dated July 26, 2012. But I dont remember ever being served, nor I ever received anything in the mail stating I had a court date. So, how does that happen. I recently received a letter dated October 15 with all this request for discovery papers for me to answer. I know the last time I did not pay the credit card was in 2010. I only have a week to answer. My question is should I answer the request for discovery questions. The first paragraph in the opening letter discusses the discovery forms and the second question discusses a resolution for payment options to send them a check or money order. What would be my next step? I am stumped as to how they managed to do this without me knowing about any of the actions they were taking. I have been in the same address for 35 years. Could you advice? I am desperate as to my next step.
I would talk to an experienced debt collection consumer law attorney in your state about any options you can explore when you had no idea you were sued. You can find some through the National Association of Consumer Advocates.
Have received a summons and getting sued from a local law firm representing Midland LLC for about $1400. Would you recommend me calling the firm and offering a half payment settlement offer and would that be an acceptable offer to avoid court and judgement?
Settling a lawsuit for half is possible. Give it a try, and if they are not open to it now, they become more so if you defend the suit.
A friend has a judgement lien for 20k. The person was out of the country and no one told him he was served. It’s been 10 years and they just came back. What can they do?
What state is he in?
My co-signer has a lien on his property from an old debt of mine, my credit report is clear of any judgements. Where do I begin to research this and settle this old debt?
You can get all of the judgment information from the court record. Start with the civil court in your/cosigner county and search your names to pull up the case. You can call the creditor/plaintiff for more information, and also the collection law firm listed on the suit.
I have a judgment that I haven't been able to collect can you help?
Look at the ACA International membership. Those are collection companies you can hire to assist.
If there is a wage garnishment that is expired but the attorney can still come back on defaulted school loan to continue garnish wages. My friend contacted them while it's expired to settle it for $2500.00 and her brother is going to pay it. Is this the correct way and what order should we pay it in.
I am not sure I understand the situation. Check out this article about settling judgment debts. It should answer all of your questions: consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/
i need advice on a court levy ,court.cost and fines,not filing voluntarily personal taxes......
I would suggest scheduling a phone call to go over all of those details. You can reach me at 800-939-8357 ext 2.
Ok latest update...after receiving the summons from court that i was being used by BofA, I called to try to reach a settlement agreement. They told me it was transferred over to TRAK America.
So my question is ... does the lawsuit till stand? Bank of america no longer has my account....is TRAK America gonna represent them? should i try to settle with them?
Im not trying to avoid payment, im trying to avoid lawsuits, but am confused by this action.
You can settle with Trak America, and often for a better savings than if your account was still in the attorneys office that filed a lawsuit.
Call me to go over next steps if you want to settle with Trak America. I am at 800-939-8357, ext 2.
Hey Mike, I have a judgement for $8,000 credit card from 2011, I have the Attorney contact info, Im currently in the process of refinancing my home wondering can I make a settlement offer and how low should I go? I won't tell them about refinancing
Check out this article and video about settling judgments: consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/
You do not need to tell them you are trying to refinance. They can typically see it on your credit reports.
@@MichaelBovee
Good info
Hi Michael, I know this video is from years ago and don’t know if you would still answer, but I seem to looked everywhere and so lost right now. I got sued by midland credit over a $1800 debt through a law firm in oklahoma. I was served on Wednesday. I don’t mind to settle a payment to avoid showing up at court. I do not have a court date yet. Should I file an answer first and contact the attorney later? Do you think they would settle this debt with me if they has already come this far? If they do, what should I ask them on the agreement? And also, what the chances that attorney will show up at court for this amount of debt?
If it were me, I would defend the suit before negotiating. There is a time and resource element to doing that correctly.
For me, it would not be worth hiring a debt collection defense attorney over this balance amount.
There are low cost options for drafting the answer, and you can also look to craft your own.
There are filing fees with the court that will vary from state to state.
If the costs and time commitment start to stack up against it, you could certainly look to negotiate a settlement prior to defending.
My experience is that Midland litigation accounts settle much higher than when negotiating prior to legal placement. You could be looking at something like 80%.
@@MichaelBovee i don’t know what’s my chance of winning this. I received my debt collection letter from them like year ago. I didn’t know much and just follow the steps on their letter to create an account on their website, and agreed for a settlement payment. I even typed in my bank account for recurring payments. I don’t know if they will use it to against me on court. I did asked around but people told me it would cost more to hire an attorney for this amount of money. I have no experience on this at all. Don’t know how midland work with negotiation.
@@MichaelBovee and also, if I defended on court and lose, I’m afraid they will ask me to pay for their attorney fee.
I cannot say what your chance of defending and winning is. For me, it is about math. How much time and energy do I want to dedicate to the solution?
Settling could run 80 percent.
Defending could run a few hundred and/or a bunch of hours of time. If the effort for the defense is to try to win, which is a maybe, what do you dedicate to it?
If they win, and a few hundred in legal fees are tacked on, and I can still settle for around 80%, I am out the time and money invested in the defense, and the 80 percent is off a higher number.
I am prone to want to settle in these situations but can completely understand the desire to invest the money and energy into the fight too.
@@MichaelBovee thank you so much for replying! I didn’t expect that you would reply to comments from old videos. I really appreciate that you spent time to read and write a comment. It helps so much. I will call to negotiate on Tuesday and send out my simple/DIY answer as well in case they drag it out. And hope to get somewhere near 80%. I will make sure to ask them have everything in writing. Do they have to mail it to me or email works? And do both of the parties have to sign on the agreement before my payment? Thank you so much!!!
Appreciate you Michael!
My 81 year old dad lives in winter park FL and collect a pension and SS, which is entirely used for his flailing health circumstances.
There’s been a judgment via AMX recently, I aim to motion to vacate and wondering if I can handle it or if a lawyer needs to be involved…
And if he’s protected because he resides in FL…?
Thank u in advance
I would typically suggest working with an experienced debt collection consumer law attorney on something like that.
Does your dad own a home in FL? If so, a judgement could potentially result in a lien being filed against it.
His social security and pension would not be garnished at the source, and it sounds like he burns through it each month, so it is not building up in his bank account, which is key to that being protected.
Talk to the Florida consumer law attorney more about those protections too. Peace of mind in a situation like this is key.
He does not own a home, and has zero assets. Lives with my sister and her 3 children, she’s a practicing nurse doing IV infusions .
Is the type of lawyer you’re recommending free, because we are extremely limited funds wise?
I feel I have some leverage now that he’s protected and they’ll help with negotiating
And I’ll learn more speaking to a lawyer and will do so asap…
Thanks for those additional details.
Talk to the attorney, but also know that he is likely collection proof. More on that here: consumerrecoverynetwork.com/question/social-security-pension-state-exemption-debt-collector-garnishment/
He can also file for chapter 7 bankruptcy to wipe this, and most other debt out, for under 2k.
Hello can u help me out please, I was on the process to buy a house , everything look good And closing date will be may of 11 , and just receive a phone call from title company said that I had a judgment on public records, which is not showing on my credit report that’s y everything go very smoothly, and that judgment is was 2013 of June so it’s Almost 5 years ago and it’s about 9000$ , the lender told me that I have to settle and pay it off when at closing. , I have my 2 little kids with a part time job , I don’t have that kind of money to pay, how much u think I should offer , 3000$ is the most I can do , can u give me advice, I put a lot of effort in this house, I don’t want to lose it , I’m so frustrated and don’t know what to do !!! Thanks and I appreciate it
Check out this video about buying or selling a home when you have a judgment: th-cam.com/video/QpdDks73QUw/w-d-xo.html
So I filed an answer of admittance to a case with Capital One. Order of judgement was just filed by the court today. 3/19/2018. What would be the next step? Just sit back and wait or contact their attorney and go from there?
How much is owed?
What is your goal?
1550 plus court fees. 0% interest. I would prefer to settle at 50% just to get it done and over with rather than wait for them to go after wage garnishments
You are likely looking at having to come up with 50 to 80 percent to settle. Can you pull that together quickly?
50 yes. 80 not so much. Just depends on how quickly they move in on my checks.
Hi Michael, when setting up a repayment agreement over the phone with a debt collection law firm is it normal for the collector to ask me questions on my current income and employer specifics?
Thanks!
That is pretty normal when dealing with collection law firms, or when the debt you are negotiating has reached the courts.
@@MichaelBovee I was able to reach a payment arrangement with Hunts and Henriques Law Firm. Thank you Michael
I received an email from a company called Credit Bureau inc. They have 2 addresses that are fake. I called USA CASH ADVANCE. .where i supposedly owe 1091. When i call the number
..they hang up. What if they tried to sue me..I have an attorney already
Sounds like it could be a fake collection scam. More on that here: consumerrecoverynetwork.com/question/debt-collection-scams-fakes/
Hi I just saw your TH-cam about how to handle a dept collector, so I have a question last week a lady call me private saying she was going to my address to drop some documents I ask her was is about she couldn't tell me and she gave me a number with a reference number so I called the number i spoke with the guy told me that I owned a dept from 2011 check into cash it was payday loan and if i dont pay i will go to jail so I did told him i did owed the money and he told me my last 4 digits security number so i made payments arrangements for 1300 dollars and I signed a settlement agreement but I told him i needed to see other documents proving it is me and he said he doesn't have too and he can't send me nothing to me, now im confused and idk what to do now? Also it not on my Credit, what should I do, thank you.
If it were me I would call my bank and cancel any payments right away.
This is likely a scam More on that here: consumerrecoverynetwork.com/question/debt-collection-scams-fakes/
Hi Michael, I've been trying to contact the site via the question portion on the website but it's not working. I am currently having issues and I just don't know where to turn
+lindaluvvv320 You can reach me for a phone consult at 800-939-8357, press option 2 to ring to my desk.
I am on the phone a lot, so be sure to leave a message so I know to return your call.
I live in Missouri. I just had a judgement against me today. Its only the 1st of several to follow i'm sure. I had 6 credit cards, lost my job. was trying to stay afloat by using cash to pay the cards and cards for living. of course they got maxed out and i had to quit that. i'm still struggling is the only reason i havent tried to fixed yet. i do have alittle money in the bank for bills but wont have that if they garnish it. i cant afford that. is there anything at all i can do?
Dody Preston, I struggle with the same situation as you and still waiting for an answer of your comment.
Hello. Can you appeal a judgement?
Yes. There are typically rules for how quickly your appeal must be filed.
There are additional ways to challenge a judgment after the appeal time has run, such as petitioning the court to vacate.
Talk to an experienced debt collection consumer law attorney in your state about different approaches that could help in your particular situation.
I was in the hospital and I got some high bills, (3,650) and (6,578), the hospital wants it paid in 2 years, and I can't afford to pay the monthly payment, I wanted to sent what I could afford and they said they would sent it to collections even though I am paying on it, I am scared of my check being garnished what can I do
Barbara Menefee They would need to sue you and get a judgment before they could garnish wages. But what they said about your account going to collections even if you send what you can each month is fairly common.
Has your health stabilized?
Do you have credit card and other unsecured debts that you pay each month? If so, what do all of those current balances add up to?
I'm from California and hope you can give me some advice(no legal binding, just your 'two cents').
I finally got a job, but I'm worried these collection agencies(one has a judgement on me) will call and get my fired from all the calls. How would I get them to stop and only contact me through my cellphone number and address? Also, I'm planning to file for Chapter 7 bankruptcy and spoke to a lawyer a little bit about it. Should I mention that? I know I can't get rid of them by just saying that, but I am hoping that they realized I'm a lost cause and calm down about trying to get me to pay.
With the extra ordinary collection options available to a judgment creditor, I would not rely on their calming down about collecting.
You can go on record with a phone call and a follow up letter (send certified mail return receipt) with the collection attorney about calls your work are inconvenient at all times. But you will also telegraph you have a job and they could then try to garnish your paychecks. That may affect your employment in the same way you are concerned the phone calls would (though either should not be the case, the reality is what it is).
I would just give them the bankruptcy attorneys name and number if it were me.
Thank you for your reply.
I don't have a lawyer working for me currently. The lawyer I spoke to was just a council.
In your opinion, should I just bite the bullet and contact them?
To at least cut down the amount of collectors contacting me thru my job. I feel that the one with the judgement will already contact my new employer to garnish my wages since it's been already a year with this judgement and I haven't given them anything. I've only contacted them once telling them I didn't have a job .
elchamber
If it were me, I would not contact them about never calling my work. That is just an informal invitation to try to garnish.
Why is it you want to put off filing the chapter 7 bankruptcy? You can often set that process in motion with an attorney by making installments, that is, if its an affordability concern.
I'll have to wait until I have money. I haven't started work yet.
How about those that doesn't have a judgement on me? I thought I should call those and say I just started and don't have any money. Please only call me at this number.
elchamber
I would not do that if I were in your shoes. There are only limited ways these collectors are even going to learn that you are now working. You, or someone else tells them. Your job and contact information to your employer is often what you list on credit applications when you apply for stuff (cell phone, apartment, credit, etc). If between starting work, and filing for bankruptcy, you are not filling in forms that would result in that information being accessed by debt collectors (mainly through credit reporting agencies), you should be okay.
Waking up debt collectors to the fact you are now more of a potential payer, even though you tell them your not, does not mean they listen, or act accordingly.
How long before you anticipate hiring the attorney to file?
If a motion for summary judgment is entered against somebody can a settlement still be possible? Either way, what's next after that?
Settlements are typically common at all stages of a collection lawsuit. The deals are often not that great at this point, but they can be had.
Who is the named plaintiff on the suit?
Who is the collection law firm?
@@MichaelBovee Citi Bank, not sure of the collection agency
Ras Lavrar, LLC
Is there a debt buyer involved, such as Portfolio Recovery, Midland Credit, Cavalry Portfolio?
How much is the suit for?
Do you have open tradelines on your credit reports that show only positively? A mortgage or car loan is one thing, but other open and current credit cards and personal loans are a sign of someone not in as bad a hardship.
@@MichaelBovee A debt buyer was not involved. Only the original creditor and the law firm that's representing them. I'm not sure if a collection agency will be chosen to receive the funds after the motion for summary judgment.
Hello. Hope all is well. I have a judgement against me for $1306 that has been to court. How do I take care of this?
You typically want to contact the suing law firm to negotiate a settlement.
How old is the judgment?
I’ve been served, it has a court address and room number but the date it says return dat feb 2. Do I need a lawyer? It’s with midland says they have tried to reach me and send letters but I moved so idk where they send the letters to. What can I do I’m freaking out
How much are they suing for?
What state are you in?
What date did you get the legal papers?
2,197 i want to pay it and get them off me ! But idk if I should get a lawyer to settle . The paper work is strange too has no court date or room just says return date and 9-2
My state is IL
Can my wages be garnish in north Carolina? I am retired serviceman. I do not work, I only get my retirement pay and
socical security.
Wages are exempt from garnishment in North Carolina. SSI is exempt, but could be at risk in your bank account if you have more than 2 months worth built up in there, or if your exempt money is mingled with non exempt.
I have been paying on a dept that did not go to court but was wrote off from a mortgage company. It was a second mortgage. we made am agreement with debt collection agency Weltberg, Weinberg, Ries we owed 51000 dollars we have paid over ten years 400 dollars a month for a total of 52800 dollars. they say we still owe over 35000 dollars.
What can I do?
Call in for a consult at 800-939-8357 ext 2.
do you think you can help?
If you pay off a judgement in a settlement, can you have the creditor totally remove it from your credit report?
The judgment shows on the credit report due to the court record. Paying the judgment creditor will only cause the court record to be updated that the judgment has been paid or satisfied (whether paying in full, or settling for less).
In order to remove a judgment you have to petition the court. If is a process that is best to have attorney help you with, and is a waste of time and money if the judgment is legitimate, and all protocols were followed.
I need help! I had someone crash into my car from falling asleep and I sued his insurance. NOW the law office has settled the case and paid all the medical off and sent me a check. However my credit report has a few bills that slipped through the cracks, somehow... What should i do? Tell the lawyers? pay them? idk what to do :O
Are they all medical related?
How much is each collection account?
What were the dates of service?
Was any portion covered by your own medical insurance?
I Made a settlement with a debt collector that already had a judgement on me. The Debt collector is still garnishing my check after receiving a settlement check. They have actually Garnished over the original amount of the debt with the Settlement check added with the Garnishments they have took out.
When you made the settlement agreement, did you get the deal in writing?
Well I have Receipt that says settled in Full.
I would file a complaint with the CFPB. I have an article about why, and what information to gather here: consumerrecoverynetwork.com/filing-complaints-with-the-cfpb/
I have had a judgment from an attorney for Bank of America- they did not use their name (atty name) on judgement - it still says I owe Bank of America kind of confusing! But it’s been almost 10 years- and I was judgement proof then. I now work ultra part time- seasonally in the service industry, but do not work much and only seasonally! And they are wage garnishing! It is embarrassing! But oh well I doubt I’m the first! They may get lucky and get $200 a year on my $6200 judgement! And I will honestly work it to where I do not make more than the exemption amount by much since I can ask to only work 1 day a week or a few times a month- it will not be worth my time and gas to be paying them from the small amount I make each year. I tried to call to settle but they never do - they want full amount - I go to court on their wage and bank discovery in 2 months! I don’t have much hope of this ever getting cleared until my death to be honest! I will never be able to have loan or own anything in my name! So if they won’t settle on an almost judgement proof person I will say from my experience judgement lawyers very rarely settle! I can’t believe the courts let these slimy attys buy for penny on the dollar other peoples debt then want full amount only! It’s robbery on the general population and makes corporate lawyers rich! One of the biggest faults of America on the poor or middle class!
Do i call the credit card attorney to negotiate a payment plan if im currently being sued? Do i need to enter my response before contacting them? What do i even say to them to negotiate?
Once there is an attorney involved you will typically have to reach any agreement with that law firm.
My experiences is that filing a well crafted answer to the complaint, or a general denial, will better set you up for negotiating a deal.
What to say when you are negotiating is situational. Check out this post about negotiating when sued: consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/
You will also want to watch this video about what debt collectors can see about you: th-cam.com/video/zHok7I7QEWE/w-d-xo.html
I have watch your video I try to sell my home some how the tittle company pull up it said I have couple of judgement and my boyfriend too we file bankruptcy couple year ago I thought is clear but it wasn’t maybe I miss some can you give me advice our house is closing in two weeks? Thank
Do you see the judgments listed in your bankruptcy paperwork?
No I don’t. Now I’m kind of worry I’m closing my house in two weeks.
Talk to your bankruptcy attorney about this, and your options at this point. It would really suck to have filed chapter 7 and not have these included, and then have to settle them now in order to reach your goals.
Thank for your advice. The tiles company try to teach my bankruptcy lawyer to see how is work if not we can’t close on our house.😂😂😂😂
I have been served it has a court date and time but there's a number of law firm debt collectors do I still have to go to court if I settle with them
Are you going to settle for a single lump sum amount?
Get it in writing before you pay. Talk to the collection law firm and confirm they are dropping the case.
I have a judgment against me and a lien on our home. The balance is currently 27,000 - they offered to settle for 13,000 back in February but I didn't have the funds. I just offered 6,000 and they came back with 20,000. Do I keep calling them and stay with my 6,000 offer for a few calls or increase the offer by a few thousand every time I talk with them? Or should I just go right to the 13,000 they offered in February? I'd like to settle this as soon as possible.
When you are in a hurry to negotiate it can hinder your savings. But I realize there are goals we want to reach that trump savings. I would consider calling to say you found another resource and now have 10, or something along those lines. I would hold that line for a couple calls and see where things go.
The reality for settling judgment debts it typically 50% or higher.
Thanks! Should i bring up the fact that they offered 13,000 just a few months ago and then offer 10,000 or use the 13,000 offer in my negotiations if they counter with something too high?
If it were me I would consistently bring that up, and that I have tried very hard, turning over every stone to raise the money, but it is impossible each step of the way.
Thank you for the informative video****. Going to the website now.
There was a court date without my knowledge in June of 2011, for a credit card in 2009. I was never served any papers. When I found this out in Sepymeber of 2016 I talked to their office I was told they won and I had to pay 3300. I offered 500 that day and 50 a month. They refused and said they needed 900 as a first payment and 200 a month. I couldn't do it. Also I told her I had insurance on that credit card and they were suppose to pay when I couldn't medically work. She lied and said I didn't, though I have paperwork that proved this. Then she never called again. My fiancé and I have been looking at homes with a realtor for a week and yesterday we realized they took 3500 out of out account! The 3300 and 125 of fees! I'm not working. We r not married. This was HIS money. They took our home basically. For now we only have half of the down payment. We didn't do our taxes yet( next week) but we usually owe the irs about 6,000 a year because of his side business. So what are we suppose to do now? How can they just take it when they KNEW it wasn't mine? My name is on the account unfortunately, in case of an emergency, ( we have a child together) but it's literally ALL his money. I've never made not one deposit on there. Because I have nothing to deposit! What sickens me is that my credit card limit was 800. That's right 800. The rest were fees and interest they added up to it.p because apparently I couldn't close out my account for a certain amount of time. Even though like I said I was medically unable to work. This is capital one. I hate them. We were all in a law suit against them ( all capital one clients that weren't bein honored the insurance conditions and couldn't work and they still refused to pay for them) and we won! I don't get it. So much shade and scheming with these people. They do things ILLEGALLY and get away with it. Oh and by the way I live in New Jersey.
Your fiancé can contest the bank levy formally with the court and potentially get the money returned. It is because your name being on the account that they got it.
I would file a complaint about this with the CFPB. Include all the history and the insurance coverage that was never honored, and the fact you never knew about the lawsuit (sewer service). File the complaint against Capital One and the law firm. Let me know what happens with that and let's go from there.
Here is an article that talks about how and why to file with the CFPB: consumerrecoverynetwork.com/filing-complaints-with-the-cfpb/
So I've been sued by company at first was 38k now they ad more and more bringing it to 76k plus att fees 8k now since I live in nj and my x wife that I'm still legally married moved to PA and owns a property paid in full if they get a judgment against me can they possibly put a lien on her property since she's still my "wife" on paper even though she's resident of different state [Pa]
I would talk this over with an experienced debt collection consumer law attorney in PA. Jason Rapa and Greg Artim are both really good resources for this kind of thing in PA. Rapa on the eastern side of PA, and Artim on the west.
What happens if I made a settlement with the attorney that the company is during me but I got served? Do I need to get a attorney?
Were those actions close together?
I do sometimes see a settlement reached while the lawsuit is out for service, and where the settlement payment has barely cleared, and the process server still serves the lawsuit.
Did you do a settlement with monthly payment terms, or a lump sum?
You’re information is excellent. Thank you.
its seems of though chapter 13 bankruptcy is way too consolidate your credit card debt... is this not the same thing is hiring a financial corporation to negotiate your debts down without having bankruptcy on your credit?
Chapter 13 is very different than settling debts for less. Chapter 13 provides protection from your creditors suing, but at the maximum pain level to your budget for 5 years. Most of us would want to manage the settlements or account resolution outside of chapter 13. Having said that, it is the right option for some.
Hi Michael, I had an interestingly annoying phone call from a collector. This collector is one of the more aggressive in your face collectors, but the reason I even spoke to them is because they called my co worker, a person that I have never used for a reference of any type, so how he got his number is beyond me. Two things I wanted to highlight. 1, he initially refused my request to stop calling people other than me, but then changed it to "I can't promise anyone will stop calling your coworkers if it goes to an attorney" I'l like really, you or anyone who refuses my request is violating the fair credit collections act. Then he tried to say that the balance owed was over $38,000. However, the account went to collection when it was at $6,500. What is your take on this? Have you ever heard of a collector trying to collect the principal balance plus the full interest of the loan, that never matured?
I have heard every manner of bad behavior regarding debt collectors.
When did you stop paying on this particular account?
Were you ever sued?
Who is the collection agency involved?
Did they tell your coworker anything about why they were calling, or who they work for?
What state are you in?
My last payment to them was in April of this year. I wasn't sued, however, they threatened to submit a recommendation to file a lawsuit against me to their client. The collection agency is JPL Recovery. They didn't directly say that they were pursuing a collection against me to my coworkers, and now my bosses, but they did let them know that they were JPL Recovery, and were looking for me. And I live in California. They are the only collection agency that has crossed this line with me like this. I have several other collections that I am working with, and they have all been very civil and understanding. This one really hit me off guard. Now I'm wondering if my bosses are going to be having a talk with me. I already talked to the CPFB, and they gave me some advice as to writing letters and providing a letter from my employer. I didn't open a formal complaint however, not yet.
I would call Jeremy Golden for a free consult about any violation of your rights. He takes those cases without charging you. He covers the whole state. You can reach him at (619) 476-0030.
Thanks for your help Mike. I talked to them this morning, not to Jeremy but someone else, and they are going to definitely look into it and if they find that they are a legitimate company, they are going to file a case against them.
I have a judgement for 7, 600 the plaintifs lawyer said he can only lower it down to 4, 000 to the dmv and as u know its still to much i have a personal loan for 3, 000 i have tryed multiple attempts inreaching this attorney and no response is there anyway i can get this fixed?
Who is the plaintiff? How old is the judgment?
Getting a judgment to settle for half is not an easy thing to do, and you have them really close to that. How long would it take to be able to cover what they are asking for?
how long does it take before crdit cards offer a settlement?
It can vary. And you typically do not want to wait for the bank to bring up settling. You want to be proactive with the topic in some instances.
The earliest, and still productive conversation about settling for less, is typically going to be after 90 days of being late. But the best savings results generally are available from 5 months late and on.
Check out my video about timing your negotiation efforts and settlement deals: th-cam.com/video/Ci4Ut6AE4C8/w-d-xo.html
I have paid a debt collector 170.79, it was paid in full. My credit report has collections but paic in full what is the point of paying them and not paying them it is still bad on you credit.it will not leave for 7 years
The reasons to settle will vary from person to person. For the most part, settling is either:
You never intended to not pay, but simply couldn't. When things turned around you felt it was the right thing to do.
You are worried about collection escalating to the courts (probably not on a debt as small as that one though).
You cannot get a mortgage with most unpaid debts on your credit, but can with paid or settled ones.
You are looking to improve your over all credit, and paid/settled collections, at least for many of us, is still a path to that.
When attempting to settle with an attorney who is about to sue you, is it appropriate to mention that you are considering bankruptcy to dispel the debt, or is that seen as a "threat" that will only escalate the proceedings?
Bankruptcy is often an empty threat debt collectors hear often. It does not carry much weight, and would not worsen your situation.
Hi, a Judgement was placed against me in 2013 for a Capital One CC with Lawyer "A". Now that I'm able to settle, the account has be moved to Lawyer "B. If I'm able to settle with Lawyer "B", can they satisfy the Judgement filed by Lawyer "A"? (Same client: Capital One) Thank you!
The newer collection law firm assigned to collect on your Capital One judgment can update the court record even though they are not the ones that handled the original filing.
I know this video is old and I’m unsure you will respond but here it goes. I had a credit card back in 2016 with citi bank and in 2018 a sherif came to my house to serve me papers that I appear in court. I was scared out of my mind and I literally ignored it. I forgot all about it until it popped up in my head the other day and I haven’t heard anything about it. I just checked and cavalry is still on my report under collections. I live in Pennsylvania if that makes a difference.
It sounds like there may be a default judgment against you in court.
What is your goal for resolving this debt?
Are there more debts than this, and if so, how much, and did you stop paying those in 2016 too?
@@MichaelBovee I think I stopped paying in 2016. The thing is, I got those papers 2018 and I didn’t go to court, but I haven’t heard anything since. What can they legally do?
@@MichaelBovee to answer your other questions, I only have two dental bills in collections. Everything else is ok in good standing on my credit report. How would I know if there was a judgement against me? I don’t have any plans to resolve the debt to be honest. Things are extremely hard right now. The original amount from the credit card was $3,600, and now cavalry is showing it to be almost $4,500.
You can search your name in the docket for your county civil court. Most have an online version on their website you can search. That should tell you the status of the case.
If this is a judgment, it is not going away, and could be growing with court granted interest.
You cannot have your wages garnished in PA, but your bank account is at risk when there is a judgment.
Hey Michael. I called Best Buy about an account i had with them that i figured was about to be charged off. They told me the status of my account was that it was going to be managed by someone else but they didnt know who at the time. So they told me to call back after giving it a month. It has now been at least a month since that call. When i call the best buy card today, once i put in my account info, it routes me to a law firm number. Which I assume specializes in this. I have not spoken with a person there yet, nor have i received any mail from them or bestbuy on this matter. Should i go forward with talking with them and settling debt, or get a lawyer first? Do you advice anything else? I have settled other debts already, and that can be seen on my credit i am sure
Who is the collection law firm?
What is the balance owed?
@@MichaelBovee Moss Lawfirm PC. Amount after they added interest and fees around 7000
I would start negotiating if it were me. They are likely going to be filing a lawsuit soon.
Is this account fairly new?
Had you sent something to Citibank in the mail prior to the account charging off?
@@MichaelBovee i wouldnt say fairly new. Probably 6 or 7 years. And no. I just called them. But i had a diffrrnt account with citi that i settled recently. A regular citi credit card. And thanks. I will give them a call and see how it goes
@@MichaelBovee i called them. A debt agency i signed up with briefly before, but then ended the relationship was still listed as representing me. So that is likely part if the communication gap. So they want me to send them an email with what they call a letter of non representation. Basically putting in writing that that agency no longer represens me, before they will talk any further. So if i send that today, they are willing to talk again in the morning when they open again.
Hi Michael - Scott Freedberg here. I am settling several credit card accounts for my mother, and you have given me great guidance in the past. Still 3 unpaid. Actually 4 total as I have two with US Bank. Also one with Chase and one with Citi. I just had a call come in from UCB - did an internet search and it appears they're a collection company out of Toledo, OH. Do you know anything about this company? Also, given the three that I have yet to pay, any idea which one they may be handling? Thank you for all your help Michael.
I would suspect the Chase account. Can you pull together 25 to 30% on that one? There are fairly easy to deal with when there are sincere hardships such as your mom's.
Thank you Michael - I had suspected it may be Chase. I still have US Bank to settle - two cards over 10k total and one Citi about 9k. Between these I believe you told me that Chase would be last to settle, and US Bank first. From your info, Is Chase still not suing? Right now I am getting money together for US Bank - should my target be 35-40%? Thanks Michael
Thanks for the reminder. I would still follow that priority, as Chase has not started with more aggressive collections. And that is still a realistic target with USbank.
Hello Michael. Scott Freedberg again. Settling several credit cards for my mother, and your advice has been invaluable. I had two accounts with U.S. Bank - they were both charged off 5-31-17. I called them 6-13, told them my intentions were to settle the accounts and faxed them a Power of Attorney. Unfortunately when I spoke with them today, the larger of the two accounts (balance 8,683) was placed with a company in Houston, Tx called FMA Alliance. A little surprised it was turned over that quickly after charge off. I read some horrible things on the internet regarding this companies tactics. Do you know anything about them? I did settle the smaller account for 3383 at 1100.00, so I was happy about that; was hoping though to settle both together, but didn't work out. I was considering seeing if US Bank could recall the file that went to collections. Do you know if that's something that's possible or even necessary? Thank you for all your help Michael.
Yes, and FMA Alliance is someone I would negotiate the account with. The process will be as straight forward as any of your other negotiations. You may even want to bring up the one you just did with their client, USbank.
Let me know if you run into trouble.
I'd like to file bankruptcy but my father passed 4 months ago and I don't want my inheritance taken to pay back the debt any advice???
Talk to an experienced bankruptcy attorney in your area. If the money from the inheritance is taken by the court, but you could settle the debt for less than what you owe, and still come out ahead, you may want to consider that.
I had a collector call me threatening to have a judgment filed on me yesterday. The debt they are trying to collect is from 17yrs ago. My question is can they do that?
When people describe what you just did it often means you are being contacted by a debt collection scam. Read more about collector scams here: consumerrecoverynetwork.com/question/debt-collection-scams-fakes/
can you recommend an attorney in the yucca valley ca area
What is the situation you are dealing with?
Can Alaska resident be garnished?
Alaska has better wage garnishment protections after judgments than most states. Sole household income earner has about 700 dollars a week protected from debt collectors.
Hi Michael. I was served with a statement of claim from an attorney contracted by Cavalry SPV for a CitiBank account in the amount of $4200. The account was charged off in July 2017, then was sent out by Citi to several collectors until it was purchased by Cavalry last year. I submitted my response to the claim to the District Court and Cavalry's attorney, if anything, to avoid getting a default judgement meted out against me. I have been working on settling several charged off credit card accounts over the past year, but could not get to this account fast enough to avoid a lawsuit. My question is what can I realistically expect for a settlement percentage when I contact the debt collector and offer to make a lump sum settlement offer?
My experiences over the years show that settlements when sued tend to be between 50 and 80 percent. More on that here: consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/
@@MichaelBovee Thanks! I was able to successfully settle the account for 60 percent. I'm grateful that you impart in your videos that it is not uncommon for terms of a deal agreement to take more than one phone call (it took five with a couple of offers and counteroffers). Thanks again for being a great advocate consumer relief.
Hi. I want to settle a judgment in CA. One is $2000 and the other is $6000. What are my options? Also, wasn't I suppose to be served with court papers before they moved forward with judgment? Thanks!
You should have been served and aware of the collections being filed in the court. There are allowable methods for alternative service of process, but there is also something called "sewer service" too. If you have moved, and are hard to locate, that would be the likeliest cause for the latter. If you have been in the same spot all this time, the more likely the former.
If you are not the person I am currently exchanging comments with on the CRN website, who also has both a 2k and 6k judgment in California, lets continue the discussion.
What amount of money do you have on hand right now in order to fund any settlement you negotiate on these judgments?
My judgements are six years old. Will there ever be a time they stop coming after me. I get disability so they have not been able to garnish bank.
Judgments have a shelf life for collection that are set by state law. Judgments can also be renewed, and sometimes indefinitely.
Example: Judgment debt is valid for 10 years in California, and can be renewed for another 10 years.
Filing for bankruptcy can help you wipe out most types of judgments.
Michael Bovee thank you for your time and advice