AP filed

[reynold975]

We ask our attorney to offer $1,500 to settle. She said she emailed them a week ago and no response. I think she just doesn't want to deal with it. Not sure what to do at this point?

[despritfreya]

We ask our attorney to offer $1,500 to settle. She said she emailed them a week ago and no response. . . Not sure what to do at this point?

A week is not a long time. This is an institutional creditor. The creditor's attorney is obligated to transmit the counter-offer but he/she must wait until someone responds. Since we are talking about finding someone with enough up stairs to think about an answer along with the authority to make a decision, you could be waiting a month for a response. Just remember that, if you have not already done so, you MUST timely answer the Complaint or get a written Stipulation to extend the time to file the answer.

Des.

[reynold975]

Last time they responded right away when she called them. Now she is emailing them. We haven't filed a response. Not sure how?

[despritfreya]

We haven't filed a response. Not sure how?

You MUST either get an extension of the due date for the filing of an answer to the complaint OR file an answer within 30 days of the date of the summons. If you fail to file an answer the creditor can seek a default judgment. Your attorney should be taking care of this but please make sure.

Des.

[HHM]

Your attorney should be taking care of this but please make sure.

Come on Desp, you know that nearly 99% of attorneys specifically exclude (including you) representation in an AP without payment of additional fees

[despritfreya]

Come on Desp, you know that nearly 99% of attorneys specifically exclude (including you) representation in an AP without payment of additional fees

That is true but. . . we will always make sure our client knows what needs to be done if he/she decides not to hire us. We will also get the client an extension of time for the filing of an answer so he/she has a chance to find another attorney. Heck, sometimes we will ghost the answer so the client at least has something on file. It is scarey to me to read that Reynold has not filed a "response" and is not sure how to do so. This tells me that there is a lack of communication with the attorney.

Des.

[reynold975]

Well we kept calling our attorney and she wouldn't return our calls. We would talk with an assistant and she would say that she was working on it. I called and ask about filing a response and they said they wouldn't that we didn't pay them to do that. Pretty much that was all that they were going to do. That if the bank didn't accept our offer we made 2 weeks ago that we would be stuck. I think we are just going to sign offer that states 20 payments at $75.00 and hope that is all we have to pay. Our 30 days is up next week. I don't know that I trust our attorney to even sign it and get it to the other attorney. Should we sign give it to our attorney to sign and also fax a copy to the other attorney letting her know that we agree and have done our part. Thanks for your help. This has been a rough time for us.

[tobee43]

good luck with it. i know it's been so stressful. but if you can live with the payment play, it's worth going through the stress.

hope the best for you!