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Good morning! I have another...
Good morning! I have another issue I need some assistance with, please. Several years ago I had a credit card it was solely in my name. I was married at the time and my husband used it and made a lot of charges. When we divorced he kept our joint credit card debt for one card and I agreed to keep the credit card debt for this card. I hired a service to do debt consolidation for me. They said on many credit cards but by the time they got to this one they only paid half of the settlement. At that time I was advised by an attorney to stop paying the debt settlement service because he was going to make corrections on my credit report and get this taken care of. He has since stopped working on my credit report and is no longer answering texts or any attempt To contact him. I’ve since been served with papers by the sheriffs office from this credit card company for the full amount. I responded explaining that I had paid half of the saddle dad and I only owed about a remaining $3000 but I’ve been unemployed and have just now obtained part time appointment but I making only about $400 a month. Today I received a packet from them saying basically they don’t care and the agreement that was made as no one from Wade and they are not excepting half of the payments that they’ve already received from the depth consolidationService and I still owe the full amount. I don’t know what course of action to take because they have half of what the debt was settled for already but they’re saying they’re going to make me repay that anyway. I also feel they should honor the consolidation reduction that they agreed to. Suggestions?
Submitted: 4 months ago.Category: Legal
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Customer reply replied 4 months ago
Please forgive my typos. I was using talk to text. I’m correcting here:Good morning! I have another issue I need some assistance with, please. Several years ago I had a credit card it was solely in my name. I was married at the time and my husband used it and made a lot of charges. When we divorced he kept our joint credit card debt for one card and I agreed to keepthe credit card debt for this card.I hired a service to do debt consolidation for me. They settled and paid on many credit cards but by the time they got to this one they only paid half of the settlement.At that time I was advised by an attorney to stop paying the debt settlement service because he was going to make corrections on my credit report and get this taken care of. He has since stopped working on my credit report and is no longer answering texts or any attempt to contact him. I’ve since been served with papers by the sheriffs office from this credit card company for the full amount. I responded explaining that I had paid half of the settled debt and I only owed about a remaining $3000 but I’ve been unemployed and have just now obtained part time appointment but I making only about $400 a month.Today I received a packet from them saying basically they don’t care and the agreement that was made is now null and void and they are not accepting half of the payments that they’ve already received from the debt consolidation service and I still owe the FULL amount.I don’t know what course of action to take because they have half of what the debt was settled for already but they’re saying they’re going to make me repay that anyway???? Can they do that??? I also feel they should honor the consolidation reduction that they agreed to.I have close to zero income as I’m just getting back up on my feet. I cannot find a full time job. Suggestions?
Answered in 1 day by:
3/18/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,319
Experience: Licensed to practice before state and federal court
Verified

I’m really sorry to hear about your situation. I have experience in representing debtors in court so you’re in good hands. It appears to me that they are suing you for this balance and it is possible that you would have a defense that if you were paying on the debts, it is probable they are suing you for breaching that contract. There's some important things to do immediately.

The first thing that is important to do is to respond to the lawsuit. It’s recommended that you respond to the lawsuit. Most jurisdictions require that you respond within 20-30 days after the lawsuit is filed, meaning there isn’t a lot of time to do so. One thing that you can do is click here to purchase a template “Response to Creditor Lawsuit” that you can edit to your liking, make three copies, and file that in the same court where the lawsuit was initiated. Keep in mind that even if you are responding to a lawsuit, most courts require a filing fee. The court will stamp that the docs have been received. The court will keep one copy of the received document and the court will give you back stamped copies of the others (one for you to keep and one for you to serve).

When you get those documents, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required when you are suing someone for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

In the meantime, the court will set up court dates like the case management conference (where the parties update the court as to the process of the case). You will also have a chance to conduct “discovery” with the other party. The basic discovery process is a good tool for people involved in a lawsuit to find out information the other party has. Discovery usually can’t begin until about 10-14 days after filing the initial complaint, depending on your jurisdiction. Through the discovery process you can usually a) request documents to help your case; b) conduct a deposition (which is a formal interview of certain parties); c) request admissions to certain things so there is less time wasted at a potential trial.

Regardless, sometimes, just settling the debt is the easiest thing to do. It doesn't always appear as if it's the easiest thing to do, but every single day lawyers across the country are explaining to their clients that if they just work on settling their debts in a way that makes sense for them and they are going to be in a better position in the long-term.

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Customer reply replied 4 months ago
can I make them keep their original settlement and the payments I made. I don’t know why they won’t accept them. Are you saying I should counter sue?
Lawyer: Legal Eagle, Lawyer replied 4 months ago

Whether you countersue is entirely up to you; however, unless they are suing you for breach of contract for the amount remaining left to pay, then they cannot recover the entire original balance. If they are suing you just on the non-payment of the entire original balance, you can countersue for breach of contract on the grounds that they cannot sue for that higher amount.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
I Believe they are doing the latter. I’m driving right now but will need this paperwork in just a minute and get you an update.
Lawyer: Legal Eagle, Lawyer replied 4 months ago

No problem.

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Customer reply replied 3 months ago
I will upload these to you today. Sorry for the delay. I guess I'm still a little confused what to do on this. I have very little income and cannot pay this bill. At all. That's why I had it negotiated down. Now they're saying that the 11 payments aren't being included and are still owed and they're not even the correct amount. They're stating I made 11, $100 payments when he company I used says half of this was paid. I've responded via certified mail w/my part time income and got this message back you'll see on the attachments. I've tried to call multiple times and they have a call center and their message states their reps are always busy and to leave a message so I can't even get through to them. I also can't spend $8 for certified mailings every time either b/c I need that money to live on.
Customer reply replied 3 months ago
My response to the initial summons and their response to my letter are attached. I can send you the summons if you would like. They're asking for all my bank statements, etc... which I do not have a printer to print and do not have the money to pay to have printed. I really don't know what to do and feel like I have no options. I can't get through to them and they are not taking the money I already paid and subtracting it from the amount. My bank account is negative $789.68.
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Yikes. I'm sorry to hear that they're doing this. So, you may want to ask them, "The problem you're having with their logic is that they are requesting money in an amount over what is even owed. As a result, they will have to explain to a judge that despite receiving at least partial performance from me, they (the creditor) are asking for additional money without any legal authority for requesting that additional money. Furthermore, under a doctrine of substantial performance, a court is highly unlikely to void out all previous payments made by me and received by the creditor and require me to pay the entire balance on top of that. In addition, the creditor has performed no other duties that would make the amount owed in excess of what is left to be owed. Moreover, our contract did not stipulate that I would have to pay additional money as a penalty for a breach of contract.

Accordingly, because the court recognizes substantial performance as a defense to a breach of contract, you and I both know that your client may only recover the amount minus the 11 payments that I made. Because you have no legal authority with which to support the assertion I owe the entire balance, I ask respectfully ***** ***** enter into reasonable settlement negotiations devoid of malfeasance by your client to come to a full and fair resolution."

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Customer reply replied 3 months ago
Makes sense. And what are your thoughts on them sticking with the negotiated amount initially agreed upon? This cut the balance down by more than half. Also, am I obligated to pay purchases my ex husband put on this card or can I dispute them and have them removed? I also don't have the funds to supply my bank statements, etc .... How should I handle this? These are due at the end of March (I had 60 days which I believe is tomorrow).
Lawyer: Legal Eagle, Lawyer replied 3 months ago

I think the initial amount agreed upon is fine minus the 11 payments that you made. Also, you probably are responsible for the purchase made by your ex-husband, but you can always dispute them if he made them fraudulently. You may want to go to your bank and ask if they'd be wiling to print it off or perhaps head to a Kinkos or other place to have them do it for cheap. Also, ask some of your friends if they'd be willing to do so.

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Customer reply replied 3 months ago
I guess my other questions is isn't there a statute of limitations on this? Can they force me to pay money I don't have? I get about $400 per month, sometimes $450. I don't have funds to spare to pay for the credit card at this time and don't want to be left destitute by the Bank of America.
Customer reply replied 3 months ago
I hear you saying the agreed upon negotiated amount less the payments made is what I should push for, correct?
Lawyer: Legal Eagle, Lawyer replied 3 months ago

There is a statute of limitations, but it'd start from the date you last made the payment (2/2017). And yes, the agreed upon amount minus the payments is appropriate.

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Customer reply replied 3 months ago
I have all of that in the screen shot from the debt settlement company that I could supply.
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Awesome!

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Customer reply replied 3 months ago
Perfect. Thank you so much! Would it be proper to put all this in a certified letter now? My only fear is if it goes to court they would already know the hand I would play.
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Good question. You could put this in a letter now. You could actually use it if you go to court and I think a judge would agree with you.

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Customer reply replied 3 months ago
Awesome. Thanks so much for your help!
Lawyer: Legal Eagle, Lawyer replied 3 months ago

No problemo.

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Customer reply replied 3 months ago
Good afternoon. I'm afraid I need your help on this case again, please. I thought I had 60 days to answer part 2 of this when I looked back at the paperwork but apparently it's 60 days from the date served. I received summary judgement today and don't know if I should send my response that we discussed earlier still or seek council?
Customer reply replied 3 months ago
To clarify: this isn't summary judgement. It's request for summary judgement.
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