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Advanced Credit Repair - Dealing with Collection Agencies Discuss one last bit of help - believe they have me in the CREDIT AND LEGAL ISSUES forums; Opposed a motion for summary judgment and filed motion to dismiss. Suit by junk debt buyer. Hearing scheduled for both summary judgment and dismissal motions in a couple months. In ...
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Old 06-30-2008, 10:49 AM   #1
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one last bit of help - believe they have me

Opposed a motion for summary judgment and filed motion to dismiss. Suit by junk debt buyer. Hearing scheduled for both summary judgment and dismissal motions in a couple months.

In my filings I noted several case laws establishing that the affidavit they had drawn up was insufficient and that they never sent any proof that the debt is legitimate.

Now I get from their lawyer in the mail copies of a whole year of billing statements, with my name, account # and payment dates. Also a letter with these saying if I would like to make a settlment to contact them. Few months shy of SOL.

Is this sufficient - or at least enough to get the judge to side with them/ They don't show that they actually own the debt, but everything else is there.

If we reach a settlement:

1 - will they withdraw the case and not try to get the summary judgment?
2 - what would we be a good amount to offer on ~4000 debt.

Thanks so much
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Old 07-14-2008, 02:53 PM   #2
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Re: one last bit of help - believe they have me

anyone?
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Old 07-14-2008, 03:29 PM   #3
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Re: one last bit of help - believe they have me

Sol not an issue.

if you settle they will discontinue the action. have release signed as well, you can find forms out there.

$4k debt, i'd say whatever you can do to get it resolved. alot of times you may be able to say something like, I got my stimulus check for $1500 and have $500 to add to it, will you take $2,000.

If creditor thinks that's it, then you may be able to sell it.
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