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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 29823
Experience:  Lawyer
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I have a debt of around $13k that a company who bought it

Customer Question

I have a debt of around $13k that a company who bought it from the original credit card company has taken me to court for.
I have an attorney firm handling the case. Are my chances of getting a good settlement better when I negotiate earlier to the hearing date, or closer to the hearing date? The court hearing date is November 3.
Also, what are my chances of winning the case, if it goes to trial?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 9 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that you're getting sued.

Your chances of getting a good settlement depend on three things: How good the evidence against you is, how much they spent on the debt, and how much they're paying their lawyers. The third factor is something you won't get to know, but look at whether their lawyer works for the collection agency versus a third party law firm. You do have a right to request all the evidence against you in advance, and to review it yourself before deciding if you'd rather negotiate or go after them at trial. Sometimes, debts are sold over and over and the collections agencies keep terrible records, and they can't prove they bought the debt. When that happens, the person who incurred the debt wins. Ask your lawyer if they've already requested discovery and what they got.

The other thing you should know is that most of these companies pay pennies on the dollar for their debts, so they will sometimes settle for less than half of the total due.

Your chance of winning at trial depends entirely on whether they have evidence to prove that you owe the debt, and whether you have a defense. There's no one-sized fits all defense, and inability to pay isn't a defense. The judge can't reduce the debt just because you have a good reason for not paying. If they have documentation showing that you made the charges and didn't pay them, they will get a judgment against you, unless the statute of limitations has expired.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 9 months ago.

Do you have any other questions about this?