Settlement Offer PLEASE HELP

[Resko]

What is the name of your state (only U.S. law)? KY

Hi People

my mother had an outstanding balance on a Circuit City Rewards Card that was trough Chase

te balance was originaly $6531.00 and went trough 2 collections agencies before getting to the last one which is National Credit Acceptance Inc

they are claiming a Balance of $9764.77

i requested a discovery and told them that we dont think this my mom is responsible of paying, because my brother used her card without her permission and when he died thats when the bills started comming in,

now the discovery only shows that they have a letter from Chase authorizing them to collect and they are saying that they can not provide the rest of the paperwork till we get to court, and i said thats fine we'll go to court since i dont think my mother authorized my brother to use the card

since then they sent me a settlement letter for $5750.64 and then a month later $4882.38 and i told them that my mother declined since i have the POV over her estate and everything else.

i did offer them to settle for $3000.00 and i would pay it myself so i dont have to go trough the trouble anymoe, and they wrote up the paper work and sent a request to their legal department.

now my question LOL

how do i know if the settlement offer from them is Legal or Legit
do i have to look out for anything, since i am not a lawyer, any fine print that could trick me into giving them $3000.00 and them still taking us to court ???

thank you people in advance for answering this post

[JETX]

Originally Posted by Resko

how do i know if the settlement offer from them is Legal or Legit

By confirming it with them.

do i have to look out for anything, since i am not a lawyer, any fine print that could trick me into giving them $3000.00 and them still taking us to court ???

The only real protection you have is to confirm with the creditor that this current debt collector has the right to settle in full for their debt.

Oh, and by the way.... your mothers 'defense' that the card was used without her authorization is useless. The only way that would even have a chance of working would be for her to have filed a 'fraudulent use' affidavit with the creditor.... and name her son as the user. They would then investigate her claim.... and if true, remove those charges and possibly pursue CRIMINAL charges against your brother. Claiming 'not my charges' this late in the game is simply not going to work. She is liable for the card and has no way to prove that he did not have her permission to use.

[Resko]

we did file a claim for 'fraudulent use' with a affidavit,
there were 3 creditors all together for over 35 000
PNC and 5/3 Bank all accepted the Fraudulent claim, the police report and the affidavit and took the charges out of my moms name
but CHASE basicaly does not want to do that, their first 2 collections agencies recieved our fraudulent claim and stoped calling us, but this 3rd one said that CHASE denied the claim and that we have to pay