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#1
What is the name of your state?Ohio
I have a lawsuit that has been taking over by a charge off and filled my answer form with my motion of more definite statement, of course the magistrate denied it, what on earth do I do now, along with deniel is A pretrial date
Do I just go or is there something I can do
Im not denying my debt but Denying the amount since the orginal debt was bought
Thanks julie
 


Whoops2u

Well-known member
#2
Im not denying my debt but Denying the amount since the orginal debt was bought
Is your claim the amount is wrong because you paid more than they gave credit for when the debt was sold? Or, are you claiming your debt is worth only what it was bought for? If the latter, I don't think you have a valid claim.
 

quincy

Senior Member
#5
My problem, i have no idea what it was sold, what i actually owe
You will owe the unpaid balance on the debt plus interest plus reasonable attorney fees and court costs.

You can challenge the amount owed once you are in court (or perhaps challenge the debt for other reasons like statute of limitations if applicable).

If you do not dispute the underlying debt, you could try to avoid a court judgment and try to negotiate a settlement prior to trial.

Tips on settlement negotiations are provided in a "sticky note" at the head of this forum category. The thread was written by TigerD, an attorney who was once a debt collector.

Good luck.
 
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#6
Thank you, Ive never been sued and i didnt know the steps, I had no Idea it was even sold, I tried to make payment arrangements with original debt, but they refused, I never was offered nothing with the new collection company, its not really fair, but then again nothing is in this world!
 

quincy

Senior Member
#7
The original creditor will often sell a delinquent debt to a collection agency. This is not unusual.

What might be unusual is the debt collector jumping right to a lawsuit without an attempt to settle the debt first. This can happen, though, when the purchased debt is nearing the time within which a lawsuit must be filed (statute of limitations).

If the debt is a large one, you might want it reviewed by an attorney in your area to see if you have a defense. Otherwise, the best I can suggest is to attempt a pretrial settlement to avoid a judgment.

You might think about removing money from your bank accounts in the event your accounts are frozen. It is hard to avoid a garnishment of your wages, though, should the debt collector get a court judgment and try to satisfy the debt that way.

Good luck.
 
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