Author Topic: Not sure what to do now...  (Read 309 times)

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LifeIsBeautiful

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Not sure what to do now...
« on: April 26, 2017 08:23:40 PM »
Hello,
I have been seeking assistance, help, guidance, direction and even sought to find a lawyer to hire to help me, and have come up with nada. In seeking guidance on another forum on how to negotiate with the collection lawyer, they focused in on the SOL. I don't know how to address or handle this and have not been able to find a lawyer in my area to even talk with me. This is my dilemma in a nutshell:

In March 2012 my car was repossessed and auctioned. I received several settlement offers, but was unable to complete any of them.

In December 2015 I received a letter from a debt collection law office notifying me they had been assigned the case.

On March 18, 2016 I received a civil action summons. I tried finding out how to handle it and was not able to receive help to know how to respond within the 20 days.

In March 2017 I received a Notice of Hearing for April 20 for Plaintiff’s Motion for Default Final Judgment. I went to the hearing with the judge and the lawyer was on the telephone. The judge explained the process as we went through the discussion. He requested the lawyer give me 10 days to work with them to come up with a payment plan.

I called the lawyer’s office that afternoon. They took a brief financial questionnaire. Then they offered me three options. One was a payoff, the second a large monthly payment to pay it off in 1 year, and the third had reasonable monthly payments, but the down payment was not feasible.

I searched online to try to find a way to negotiate with them. In my seeking advice, I was advised that the case might be past SOL.
My 10 days ends Sunday, April 30, so technically, Friday, April 28th, to be able to work with them.

Now I'm down to 2 days and still no further than I was a week ago.

Thanks for any direction you may offer.

Flyingifr

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Re: Not sure what to do now...
« Reply #1 on: April 26, 2017 09:32:53 PM »
Nothing like having to learn a lot quickly.

First - what State are you in? That determines what the Statute of Limitations is.

Second - how "collectable" are you? Do they know where you work and bank? How portable is your job (meaning if you were to quit how long would it take you to find another job?)

Third - what assets do you own? The lawyer may simply push you in a bankruptcy where he gets nothing.

BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Bruno the JDB Killer

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Re: Not sure what to do now...
« Reply #2 on: April 26, 2017 09:39:19 PM »
You did not defend yourself in court, so the SOL is pretty much off the table. They appear to have a default judgment against you because again, you did nothing. i remember you from "the other site." You have no more chance of beating this here than you did over there. You can keep asking the same questions expecting a different outcome, but there is no such thing under the law. The fact that no lawyer will talk to you should tell you something.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.