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Being sued and completely lost. HELP!

Date: Thu, 11/16/2006 - 16:14

Submitted by anonymous
on Thu, 11/16/2006 - 16:14

Posts: 202330 Credits: [Donate]

Total Replies: 7

Being sued and completely lost. HELP!


I hope someone can please help me. I reside in CA. I am being sued by Resurgence Financial. I got the court papers today and I am freaking out. They are asking for a little over $6,000.00. I have a couple of questions.

They mailed me the summons by first class mail only. Is that the right way to serve someone?

How do I respond to the summons?

I want to work out a payment plan with them to avoid court and any judgement on my credit report. Should I write to them to propse a payment plan or call. I prefer writing because I want proof that I am willing to work out a payment plan with them. However, since I only have 30 days to respond I am not sure I will hear back from them in time.

If they are willing to work out a payment plan with me, what court papers need to be file to dismiss the case? Do I have to do that?

How likely do you think they will settle this with me out of court?

The debt was validated but it was by a different law agency so can I say that the debt wasn't validated?

Thank you for any help.


Guest, welcome to the forum. I'm sorry for what you are going through right now. Personally, I would call and talk to them and, if you're able to work something out, follow it up on paper. However, if you register here, a debt counselor in your area will get in contact with you and tell you what your options are. Others here have been in similar situations and might be able to help, as well. Good luck to you.


lrhall41

Submitted by dbaker6 on Fri, 11/17/2006 - 21:41

( Posts: 1600 | Credits: )


he is right. call them and see what you can work out. it they act like jacklegs then put it in writing and send it to them certified mail. Also send a copy to the judge in the case. You can also show up the day of the hearing and it is over 95% that the judge will grand you the payment schedule. Usually the company will enter into a payment plan before hand because they want payments not a judgement. They just like to scare people. You will be fine.

get out of debt everyone and the collection companies will go away! Salute


lrhall41

Submitted by anonymous on Sat, 11/18/2006 - 06:44

( Posts: 202330 | Credits: )


I would definately correspond with them--but only by registered mail--return receipt required. This means that someone from their firm needs to sign for it proving that they received it. And you will get a copy of the signature card from the post office showing this. This could be good evidence to show a judge that proves that you are trying to work things out with them.
I would also try calling them and keep good records documenting the dates and times of each call, who you spoke with and what the outcome was; did you get voicemail, etc.
One thing in your favor is that courts in CA are notoriously overbooked and slow, so I think you have time. Good luck and let us know what happens!


lrhall41

Submitted by kscornell on Sat, 11/18/2006 - 08:00

( Posts: 4407 | Credits: )


Don't avoid court. You have nothing to lose by defending yourself. Chances are good this is already on your credit report, and if you settle, you probably lose the right to have it removed, anyway. If you go to court and win, it should be removed as a matter of course.

Show up for court, and don't be afraid of it. Whether it is conciliation/small claims court or district court, the consequences of avoiding court can be worse than losing.


lrhall41

Submitted by Sam Glover on Sat, 11/18/2006 - 08:46

( Posts: 161 | Credits: )


Thank you to all you kind people who took the time to read my post and respond...

I don't like dealing talking to these creditors because they are always so mean and nasty to me. I think I will just write them by certified with return signature. I plan to file a response in court first and then try to work out a payment plan with them. Is this the right thing to do?

What should I write in my settlement offer letter to them? I am worried that once I pay them, they will resell the debt to someone else and this nightmare will never end. How do I confirm that they won't do that.

Also, if they are willing to work with me and forget the lawsuit, what steps do I need to take to ensure that the case is withdrawn from court? Thank you.


lrhall41

Submitted by anonymous on Sat, 11/18/2006 - 08:49

( Posts: 202330 | Credits: )


Sam,
If I go to court and win this, it can be removed from my credit report? How does that happen? Also, does this mean that I don't owe this debt anymore or that Resurgence can just sell the debt to someone else and that creditor can sue me at a later time?

At this point, I know my credit is pretty bad. Its depressing but I would rather just set up a payment schedule with all my creditors so I don't have to worry about being sued again.

I am planning to get married this coming year. Does anyone know if my debt is going to effect my husband? Can he get sued for any of my debt? The only thing in both our names is a joint bank account with little funds in it and lease on our apt. Thanks.


lrhall41

Submitted by anonymous on Sat, 11/18/2006 - 08:56

( Posts: 202330 | Credits: )