The most prestigious law school admissions discussion board in the world.
|
 |
 
|
Got served re: debt. Summon: The XO Spirit-Protector of Shitlaw
Poast new message in this thread
Date: November 18th, 2015 11:57 AM Author: Bateful mint locale immigrant I had about 70K in 0 to 2% credit card debt and paid off school debt when I got shitcanned :) Naturally, I stopped paying the min payments on credit cards. Now I have a 55K 9-5 job in Midwest.
The plan was to sit this through and if things turn for better, pay off all or part, if things turn for worse, file Ch 7. Unfortunately 55K is not automatic Ch 7 territory, so I was procrastinating.
Well, one of the creditors filed in small claims for $3,000 . Does anyone know what would be the best strategy to settle this for 20% or so as "paid if full"? Should I go to court first or should I contact them and try to settle first?
P.S. Since "too big to fail" bailouts I have 0 moral qualms about not paying the banks back. Fuck them.
|
 |
Date: November 18th, 2015 12:08 PM Author: 180 citrine library Is this a debt assigned to someone else? (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206574) |
|
Date: November 18th, 2015 12:10 PM Author: Bateful mint locale immigrant Yes, the plaintiff is not the original creditor. (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206581) |
|
Date: November 18th, 2015 12:20 PM Author: 180 citrine library Google defending against credit card debt collectors.
Google FDCPA issues.
Debt collectors are often unwilling or unable to prove assignment of your claim.
Assuming its a court with rules of evidence, refresh yourself on hearsay, business records, Rule 106, and shit like that. |
|
Date: November 18th, 2015 12:31 PM Author: Bateful mint locale immigrant ty (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206673) |
|
Date: November 18th, 2015 12:21 PM Author: exhilarant location Ask them for docs that prove you owe this debt then. With any luck they will be missing something. (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206644) |
|
Date: November 18th, 2015 9:12 PM Author: Bateful mint locale immigrant ty (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209572) |
|
Date: November 18th, 2015 12:10 PM Author: Self-absorbed emerald laser beams This. I'm not a lawyer nor is this legal advice, but why not just assign the debt to someone else? (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206582) |
|
Date: November 18th, 2015 12:12 PM Author: Bateful mint locale immigrant see above (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206589) |
Date: November 18th, 2015 12:09 PM Author: exhilarant location Do not admit to owing the debt. Make them prove it.
Look for any inaccuracies in the complaint and exhibits.
You can always try to negotiate it down to a smaller number by telling them you don't owe it and can't pay it even if you did given your school loans and unemployment. |
|
Date: November 18th, 2015 12:10 PM Author: Self-absorbed emerald laser beams Or assign the debt to someone else. (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206583) |
|
Date: November 18th, 2015 1:23 PM Author: Deranged Mental Disorder ? (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206900) |
|
Date: November 18th, 2015 1:39 PM Author: Bateful mint locale immigrant above is just an attempt at humor, but there are many benefits to your friend buying debt! (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206973) |
|
Date: November 18th, 2015 9:16 PM Author: beta floppy gaping (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209607) |
|
Date: November 18th, 2015 9:32 PM Author: Deranged Mental Disorder What if you just bought the debt posing as a junk debt buyer? (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209779) |
|
Date: November 18th, 2015 9:44 PM Author: Bateful mint locale immigrant this used to be the way to clear your credit history. the owner of debt can update it.
|
|
Date: November 18th, 2015 9:46 PM Author: Deranged Mental Disorder So why isn't it now? (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209882) |
|
Date: November 18th, 2015 9:48 PM Author: Bateful mint locale immigrant it well may be, but back then, simpler times (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209899) |
|
Date: November 18th, 2015 12:11 PM Author: Bateful mint locale immigrant Should I call them now of should I do this in court? (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206585) |
|
Date: November 18th, 2015 12:20 PM Author: exhilarant location I don't really know. This is not legal advice, but if I were in your position, I'd file an answer with defenses so that the attorney knows they will have to go to the trouble of litigating this. Nine times out of ten they probably just get default judgments because the debtors don't file answers and don't make court appearances. They are probably hoping you will do the same. (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206634) |
|
Date: November 18th, 2015 12:25 PM Author: Bateful mint locale immigrant Probably true about default judgements. In small claims, is there a written answer, or people just appear and state that the plaintiff lacks proofs? (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206662) |
|
Date: November 18th, 2015 1:13 PM Author: exhilarant location I don't know, you need to check your local rules. (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206862) |
|
Date: November 18th, 2015 1:15 PM Author: Bateful mint locale immigrant I did and I don't have to do it in writing. I think it is probably still better to do so.
Ty for your suggestions. |
|
Date: November 18th, 2015 1:16 PM Author: gold titillating school stock car just send them a bomb threat (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206874) |
|
Date: November 18th, 2015 1:20 PM Author: Bateful mint locale immigrant And debt worries will go away? Brilliant! (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206889) |
|
Date: November 18th, 2015 1:44 PM Author: gold titillating school stock car one weird trick. (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29207001) |
|
Date: November 18th, 2015 3:58 PM Author: Bateful mint locale immigrant (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29207696) |
|
Date: November 18th, 2015 9:29 PM Author: racy abusive love of her life (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209747) |
|
Date: November 18th, 2015 9:40 PM Author: Swollen Flickering Theatre also have to affix a notice on the front page reading "NOT FOR ADMIRALTY VENUE" or otherwise they will try to apply law of the sea on you. (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209829) |
|
Date: November 18th, 2015 9:43 PM Author: razzmatazz factory reset button cumskin (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209863) |
|
Date: November 18th, 2015 9:50 PM Author: motley electric furnace Is it even worth it for a creditor to settle a $3k bill for 20%? They gotta believe you won't go BK over $3k so they probably think they can get 100% of it from garnishments (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209916) |
|
Date: November 18th, 2015 9:54 PM Author: cerebral bisexual resort therapy They probably bought it for $100. (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209951) |
|
Date: November 18th, 2015 9:56 PM Author: Deranged Mental Disorder So create fake debt buying company and offer to buy debt for 150 (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209965) |
|
Date: November 18th, 2015 9:56 PM Author: motley electric furnace (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209970) |
|
Date: November 18th, 2015 9:59 PM Author: Bateful mint locale immigrant how is my offer money worse than fake company money? (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209994) |
|
Date: November 29th, 2015 7:53 PM Author: exhilarant location Holy shit this could actually work (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29273540) |
|
Date: November 29th, 2015 8:00 PM Author: Diverse Filthy Kitty SUMMON: Rach
"Boy, have we got an idea for you: XO SMALLDEBT!" |
|
Date: November 18th, 2015 9:58 PM Author: Bateful mint locale immigrant 20%>0%>one year of litigation where I represent self for sport.
|
|
Date: November 29th, 2015 8:04 PM Author: learning disabled cerise office If you successfully buy back the debt at 10% or 20%, will you have to pay cancellation of indebtedness income taxes? (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29273624) |
|
Date: November 29th, 2015 10:46 PM Author: Bateful mint locale immigrant Who is "you"? (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29274924) |
|
Date: November 30th, 2015 4:13 PM Author: Bateful mint locale immigrant (http://www.autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29278493) |