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Got served re: debt. Summon: The XO Spirit-Protector of Shitlaw
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Date: November 18th, 2015 11:57 AM Author: elite ceo I had about 70K in 0 to 2% credit card debt and paid off school debt when I got shitcanned :) Naturally, I stopped paying the min payments on credit cards. Now I have a 55K 9-5 job in Midwest.
The plan was to sit this through and if things turn for better, pay off all or part, if things turn for worse, file Ch 7. Unfortunately 55K is not automatic Ch 7 territory, so I was procrastinating.
Well, one of the creditors filed in small claims for $3,000 . Does anyone know what would be the best strategy to settle this for 20% or so as "paid if full"? Should I go to court first or should I contact them and try to settle first?
P.S. Since "too big to fail" bailouts I have 0 moral qualms about not paying the banks back. Fuck them.
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Date: November 18th, 2015 12:08 PM Author: titillating maize reading party theatre Is this a debt assigned to someone else? (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206574) |
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Date: November 18th, 2015 12:10 PM Author: elite ceo Yes, the plaintiff is not the original creditor. (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206581) |
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Date: November 18th, 2015 12:20 PM Author: titillating maize reading party theatre Google defending against credit card debt collectors.
Google FDCPA issues.
Debt collectors are often unwilling or unable to prove assignment of your claim.
Assuming its a court with rules of evidence, refresh yourself on hearsay, business records, Rule 106, and shit like that. |
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Date: November 18th, 2015 12:31 PM Author: elite ceo ty (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206673) |
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Date: November 18th, 2015 12:21 PM Author: Vigorous well-lubricated pit dopamine Ask them for docs that prove you owe this debt then. With any luck they will be missing something. (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206644) |
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Date: November 18th, 2015 9:12 PM Author: elite ceo ty (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209572) |
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Date: November 18th, 2015 12:10 PM Author: Charcoal diverse macaca This. I'm not a lawyer nor is this legal advice, but why not just assign the debt to someone else? (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206582) |
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Date: November 18th, 2015 12:12 PM Author: elite ceo see above (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206589) |
Date: November 18th, 2015 12:09 PM Author: Vigorous well-lubricated pit dopamine Do not admit to owing the debt. Make them prove it.
Look for any inaccuracies in the complaint and exhibits.
You can always try to negotiate it down to a smaller number by telling them you don't owe it and can't pay it even if you did given your school loans and unemployment. |
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Date: November 18th, 2015 12:10 PM Author: Charcoal diverse macaca Or assign the debt to someone else. (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206583) |
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Date: November 18th, 2015 1:23 PM Author: Sepia Sex Offender ? (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206900) |
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Date: November 18th, 2015 1:39 PM Author: elite ceo above is just an attempt at humor, but there are many benefits to your friend buying debt! (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206973) |
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Date: November 18th, 2015 9:16 PM Author: stirring dingle berry hall (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209607) |
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Date: November 18th, 2015 9:32 PM Author: Sepia Sex Offender What if you just bought the debt posing as a junk debt buyer? (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209779) |
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Date: November 18th, 2015 9:44 PM Author: elite ceo this used to be the way to clear your credit history. the owner of debt can update it.
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Date: November 18th, 2015 9:46 PM Author: Sepia Sex Offender So why isn't it now? (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209882) |
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Date: November 18th, 2015 9:48 PM Author: elite ceo it well may be, but back then, simpler times (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209899) |
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Date: November 18th, 2015 12:11 PM Author: elite ceo Should I call them now of should I do this in court? (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206585) |
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Date: November 18th, 2015 12:20 PM Author: Vigorous well-lubricated pit dopamine I don't really know. This is not legal advice, but if I were in your position, I'd file an answer with defenses so that the attorney knows they will have to go to the trouble of litigating this. Nine times out of ten they probably just get default judgments because the debtors don't file answers and don't make court appearances. They are probably hoping you will do the same. (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206634) |
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Date: November 18th, 2015 12:25 PM Author: elite ceo Probably true about default judgements. In small claims, is there a written answer, or people just appear and state that the plaintiff lacks proofs? (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206662) |
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Date: November 18th, 2015 1:13 PM Author: Vigorous well-lubricated pit dopamine I don't know, you need to check your local rules. (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206862) |
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Date: November 18th, 2015 1:15 PM Author: elite ceo I did and I don't have to do it in writing. I think it is probably still better to do so.
Ty for your suggestions. |
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Date: November 18th, 2015 1:16 PM Author: Hairraiser lilac really tough guy tanning salon just send them a bomb threat (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206874) |
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Date: November 18th, 2015 1:20 PM Author: elite ceo And debt worries will go away? Brilliant! (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29206889) |
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Date: November 18th, 2015 1:44 PM Author: Hairraiser lilac really tough guy tanning salon one weird trick. (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29207001) |
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Date: November 18th, 2015 3:58 PM Author: elite ceo (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29207696) |
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Date: November 18th, 2015 9:29 PM Author: Boyish library (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209747) |
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Date: November 18th, 2015 9:40 PM Author: Swollen office also have to affix a notice on the front page reading "NOT FOR ADMIRALTY VENUE" or otherwise they will try to apply law of the sea on you. (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209829) |
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Date: November 18th, 2015 9:43 PM Author: pink free-loading point indirect expression (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209863) |
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Date: November 18th, 2015 9:50 PM Author: fluffy arousing new version personal credit line Is it even worth it for a creditor to settle a $3k bill for 20%? They gotta believe you won't go BK over $3k so they probably think they can get 100% of it from garnishments (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209916) |
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Date: November 18th, 2015 9:54 PM Author: aqua trump supporter mexican They probably bought it for $100. (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209951) |
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Date: November 18th, 2015 9:56 PM Author: Sepia Sex Offender So create fake debt buying company and offer to buy debt for 150 (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209965) |
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Date: November 18th, 2015 9:56 PM Author: fluffy arousing new version personal credit line (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209970) |
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Date: November 18th, 2015 9:59 PM Author: elite ceo how is my offer money worse than fake company money? (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29209994) |
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Date: November 29th, 2015 7:53 PM Author: Vigorous well-lubricated pit dopamine Holy shit this could actually work (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29273540) |
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Date: November 29th, 2015 8:00 PM Author: mauve gas station SUMMON: Rach
"Boy, have we got an idea for you: XO SMALLDEBT!" |
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Date: November 18th, 2015 9:58 PM Author: elite ceo 20%>0%>one year of litigation where I represent self for sport.
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Date: November 29th, 2015 8:04 PM Author: Bat-shit-crazy stage voyeur If you successfully buy back the debt at 10% or 20%, will you have to pay cancellation of indebtedness income taxes? (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29273624) |
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Date: November 29th, 2015 10:46 PM Author: elite ceo Who is "you"? (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29274924) |
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Date: November 30th, 2015 4:13 PM Author: elite ceo (https://autoadmit.com/thread.php?thread_id=3048163&forum_id=2#29278493) |