Long story short, Fred Hanna has two cases against me, and for one of them they have applied for a summary judgment because I didn't answer their first requests for admissions and all that stuff after I send the answer and affirmative defenses... the other should be coming shortly. So that's the current status of the suit(s). The total owed on both accounts together is about $4000 with attorney's fees, etc.
I called Hanna's office and said, "Hey, here's the deal. I have $600 in my pocket and no more. I have 2 accounts with you that are currently pending in court and my intention was to file BK pro se and get rid of all debts I currently have. Since none of my other debts are likely to go to court, I am offering you the $600 to settle BOTH accounts and withdraw the lawsuits and I will deal with the others when I have the money. I am offering you this because it would benefit us both, as when I file BK you will see nothing, but if you accept my offer you get $600 out of me." (Yes I really am working on the BK and the second a judgment against me is made I would go ahead and file it.)
The first guy I talked to never got back to me. Second person I talked to was a "legal assistant" who called me back and told me Capital 1 would accept my offer. She wanted a payment right then but I told her no, I wanted the settlement agreement in writing and once I got it then I would be happy to give her a payment.
Fast forward a couple days. I get the letter in the mail but there are a couple problems with it. (I plan to call the office tomorrow and get it corrected before I actually pay them.)
Here's what the letter says:
This letter is in response to your conversation with this office on Aug. 24, 2010 regarding the above mentioned debt. Please be advised my client has authorized this office to settle this debt for the amount of $600. Please have the funds in our office by August 31, 2010.
Upon clearance of your payment, this account will be satisfied as Settled in Full. Also, upon clearance of your payment, please allow 90 days for Capital one bank to update your credit profile to the appropriate status.
My client may be required by law to report this settlement to one or more taxing authorities. (and blah blah blah, I know they may send me a 1099 & report the balance as income)
The first and most obvious problem with this is that the reference number and account balance are only for ONE of my cards/cases. And I specifically told her the $600 would be for both. So I am going to make sure that both accounts are referenced in the letter before I pay.
My MAIN concern is the lawsuits, though. Does the letter saying the account will be settled in full mean that they will drop the lawsuits? Should I make sure that this is mentioned in the letter? Or will the fact that the debts are satisfied and the letter says so be enough to bring to a hearing and have the case dismissed? Do I need to do anything proactively or just wait for it to happen? And, should I have them reference the case numbers of the suits in their letter?
Sorry so long!! Any advice would be helpful.... TIA!
I called Hanna's office and said, "Hey, here's the deal. I have $600 in my pocket and no more. I have 2 accounts with you that are currently pending in court and my intention was to file BK pro se and get rid of all debts I currently have. Since none of my other debts are likely to go to court, I am offering you the $600 to settle BOTH accounts and withdraw the lawsuits and I will deal with the others when I have the money. I am offering you this because it would benefit us both, as when I file BK you will see nothing, but if you accept my offer you get $600 out of me." (Yes I really am working on the BK and the second a judgment against me is made I would go ahead and file it.)
The first guy I talked to never got back to me. Second person I talked to was a "legal assistant" who called me back and told me Capital 1 would accept my offer. She wanted a payment right then but I told her no, I wanted the settlement agreement in writing and once I got it then I would be happy to give her a payment.
Fast forward a couple days. I get the letter in the mail but there are a couple problems with it. (I plan to call the office tomorrow and get it corrected before I actually pay them.)
Here's what the letter says:
This letter is in response to your conversation with this office on Aug. 24, 2010 regarding the above mentioned debt. Please be advised my client has authorized this office to settle this debt for the amount of $600. Please have the funds in our office by August 31, 2010.
Upon clearance of your payment, this account will be satisfied as Settled in Full. Also, upon clearance of your payment, please allow 90 days for Capital one bank to update your credit profile to the appropriate status.
My client may be required by law to report this settlement to one or more taxing authorities. (and blah blah blah, I know they may send me a 1099 & report the balance as income)
The first and most obvious problem with this is that the reference number and account balance are only for ONE of my cards/cases. And I specifically told her the $600 would be for both. So I am going to make sure that both accounts are referenced in the letter before I pay.
My MAIN concern is the lawsuits, though. Does the letter saying the account will be settled in full mean that they will drop the lawsuits? Should I make sure that this is mentioned in the letter? Or will the fact that the debts are satisfied and the letter says so be enough to bring to a hearing and have the case dismissed? Do I need to do anything proactively or just wait for it to happen? And, should I have them reference the case numbers of the suits in their letter?
Sorry so long!! Any advice would be helpful.... TIA!
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