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What is a realistic settlement offer both realistic for me and the debt collector? I have no idea what to do! Last payment made 08/08 Chase was the original debt holder
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answered on Jul 13, 2011
Without knowing more facts, it is hard to say. I have had situations where 25% was accepted, 50%/ 2/3rds if in lump sum payments. Other times, these have not been accepted. Sometimes a large payment and a payment plan works. Good luck.
Been served. She has contacted them trying to settle out of court but wont talk to her, need niece permission. She wont do anything. What options if any does she have?
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answered on Jul 19, 2011
If your sister was served with a lawsuit she can obtain information by filing discovery. She can also speak with the attorney for the bank. She can counterclaim against the niece also.
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answered on Jul 19, 2011
If a case was filed, it is legal, unless you filed bankruptcy. You should either hire counsel or respond to the motion if it is seekiong some kind of relief from you.
She has a $9000 loan that is completely different from her house note and she is afraid they are going to go after her house if she doesn't make her payments on time.
answered on Apr 20, 2011
Yes (but it is very uncommon). A creditor can place a lien upon her house for an “unrelated” debt. BUT, the creditor must first file a lawsuit against her, and must win a court judgment against her. Then, the creditor can get a memorandum of judgment signed by the judge and file it with the... View More 
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answered on May 19, 2011
Generally, you have to be served in all legal matters. I am not sure if that is the case when there is a consent to judgment clause in an agreement. If there is such a clause, let me know and I will see try to proivide you with a further answer.
answered on Mar 19, 2011
I need more information to answer your question. Odds are, the $1400 in "overpayment" is for interest and court costs in bringing the suit against you. If so, the court will not consider this "overpayment." You are liable for these expenses. If these are not the expenses,... View More
I am a defendant in the case. Plaintiff filed a motion for summary judgment. I responded in the time period alloted by the court order. They were given 10 days to reply to my respone to the summary judgment motion. They did not. I got their reponse 2 days before court . According to the paperwork... View More
answered on Mar 19, 2011
You can ask but it won't work. Even if they didn't reply at all, unless you plead an affirmative defense, the judge could still decide the case on the initial motion and your response.
There are very different rules in small claims court, and I'm guessing your case is a small... View More
answered on Mar 29, 2011
I cannot really think of any reason why it would matter which day you notified the bank. The more important thing is that you notice them sooner rather than later. You do not know if someone else is moving to garnish that money or if the money will even be there by the end of the week. You... View More
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answered on Jul 19, 2011
Wording by itself is not enough. There has to be a bonafide dispute. The wording is accord and satisfaction.
answered on Mar 19, 2011
No. Retirement benefits and social security benefits are exempt from judgment under 735 ILCS 5/12-1001 and 735 ILCS 5/12-1006. That said, if you have other assets, such as a house or other personal property, those assets can be garnished or have a lien placed upon them.
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answered on Jul 19, 2011
Either pay the debt in full, enter a payment plan with the creditor or file bankruptcy.
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answered on Jul 19, 2011
Yo ucan check with the Secetary of State for UCC liens and your local recorder for real property liens
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answered on Jul 19, 2011
If properly discharged, it violates the automatic stay and yo should contact counsel.
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answered on Jul 19, 2011
You need to foreclose on the lien.
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