How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 32720
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
Tina is online now
A new question is answered every 9 seconds

I recently received a warrant in debt for an amount of $5,900.

Resolved Question:

I recently received a warrant in debt for an amount of $5,900. I have not yet been officially served; this came through snail mail from a law firm. Then debt was sold from Chase to a third party, equable ascent financial. I have a civil trial date for March 11 in Henrico, Virginia.

I've been on various message boards trying to figure out the best course of action. The debt is mine and I'd like to take care of the situation as swiftly as possible. I'm not able to take care of the entire amount right now, but could pay a percentage or over time in a plan. This is partly because I just (finally) struck an installment agreement with the federal government after an attempt at a bank levy and wage garnishment.

Do I contact equable ascent financial now? Do I wait for the case date. From what I understand, most folks don't show, and when you do there are two options: 1) plead guilty and attempt to negotiate with the company or 2) say the claim isn't valid and request a trial date.

Any advice you could offer regarding the best way to proceed for a relatively quickly and painless (financially) outcome would be greatly appreciated.

Thank you,
XXXXX XXXXX
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

I am sorry to hear of your difficult situation. My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.


Do you have the means to set up a payment arrangement with the creditor? Have you already attempted to negotiate a settlement with them or the previous creditor?
Customer: replied 1 year ago.

Hi Tina,


 


Thanks for responding. I have not previously attempted to set up an agreement with either party. There were a few times that they offered amounts less than the total owed as a possible settlement, but I did not respond.

I do have the means of setting up a payment arrangement. I make a solid salary, but just have some events from my past that have caused me current financial difficulty. I'm interested in pursuing whatever is the best way for making happen, whether it's pre-court date (preferably) or in court.

I wish I knew how much my debt was purchased for so that I knew what would be a fair amount.

Expert:  Tina replied 1 year ago.
Hello again, Mike.

The creditors are not likely to disclose the details of their transaction unfortunately, but given that the debt was purchased by a new creditor who is taking legal action against you, it would typically be best to limit their expenses in pursuing the debt since the more they invest in the debt, the higher the amount will be that they are willing to settle for normally.

So it would typically be best to contact their attorneys and attempt to set up a payment arrangement as soon as possible, negotiating a settlement of the debt and having the case dismissed.

If they are not willing to negotiate with you, then you would typically need to file an answer to the summons, but the time to do so does not normally begin until you have been personally served unless you waive service.

At any hearing, you can request that a payment arrangement be ordered but a court is not bound to grant that, so you may wish to deny the creditor's allegations and force them to produce proof that the debt is legitimate, which they may not have since they are not the original creditor.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Customer: replied 1 year ago.

Thanks, Tina.


 


Three quick follow-ups if you're able to help:


 


1) Should I contact the company who bought the debt or the law firm representing them (my assumption is that the company wants to save on the lawyers, so I go to them).

2) How do I waive service? How would I communicate that.


 


3) Could you offer a ballpark for what I should consider for a lump sum settlement? The account was closed two years ago. Or if a monthly plan, what would be a reasonable payment?

Thanks again,
Mike

Expert:  Tina replied 1 year ago.

Hello again, Mike. You are very welcome!

1) Should I contact the company who bought the debt or the law firm representing them (my assumption is that the company wants to save on the lawyers, so I go to them).

 

ANSWER: The company will likely refer you to their attorneys and if you are served at some point, it is typically appropriate to respond to their counsel, not the party directly.

2) How do I waive service? How would I communicate that.

 

ANSWER: There is a document the creditor would typically have you sign if you agree to waive service. Make sure any agreement you settle on is in writing and signed by both parties to ensure the creditor does not later change their mind on the terms of any agreement you enter into.

 


3) Could you offer a ballpark for what I should consider for a lump sum settlement? The account was closed two years ago. Or if a monthly plan, what would be a reasonable payment?

ANSWER: That's not something I can provide, not having the opportunity to review the case, but it might be around 50% of the debt owed. If the debt could be paid off in a couple of years, that payment plan would normally be reasonable.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Tina, Lawyer
Category: Legal
Satisfied Customers: 32720
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 14 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Tina
Tina
Attorney and Counselor at Law, Mediator
8681 Satisfied Customers
JD, BBA Over 25 years legal and business experience.