• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

being sued by debt collector

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

ckwu

Guest
We have been issued a summons by a debt collector for medical payments. We have to respond within 30 days if we want to carry it to the next step. Rather than take it to trial, we would like to settle the debt. In this case, do we contact the lawyer directly or the credit agency? Will the suit be dismissed after handling it directly with them? Are there any points we should be aware of when settling the dispute so as not to be cheated for supposed "legal fees" and such?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by ckwu:
Regarding the last message, we reside in California.<HR></BLOCKQUOTE>


My response:

Yes, you can settle the debt. You will be obligated to pay the principle amount of the debt, plus interest, plus attorney's fees, plus costs. It's all listed in the complaint.

Since the creditor is represented by an attorney, you must only communicate with the attorney's office.

Make sure you receive a "Release of All Claims" form (usually typed), and a Request for Dismissal With Prejudice form (a court form), signed and dated by opposing counsel.

You will, undoubtedly, be required to pay the debt by Certified Cashier's check, or some other secured form of payment - not by personal check.

It would be a wise decision to have all of these forms, once received, reviewed by an attorney. It might cost you an extra $50.00, but it's money well spent to keep you safe, and to make sure the opposing attorney isn't trying to pull any "fast ones" on you.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top