How to settle a debt collection lawsuit (In 3 parts!)

[@Lonchpad1]

Your the only. One who addresses these finer points in this type of case, original creditor, Thank you,

[@solosuit]

Happy to help.

[@makenziegabrielled]

I am so grateful for SoloSuit. I felt so helpless (really took a toll on my mental health) when I got served but SoloSuit walked me through this and I was able to handle this very scary and uncomfortable situation. Thanks guys.

[@solosuit]

Glad we could help. Good luck with your case. We hope you win!

[@Theultrazombiekiller]

Thankfully I live in Texas where my wages cannot be garnished and creditors can only be granted access to bank accounts they have on file for you. So in Texas, if you just move your money to a new bank, they literally can't get a cent from you. They can place a lien against you house, if you own one, but ONLY if you do not have a homestead expemption. Also, $100,000 of your personal property is protected, including your car. Texas is the goat state to get sued by a credit card company lol.

[@solosuit]

Don't mess with Texas!

[@RenFlames]

Is that actually true ? All of it? So like aren’t we basically good if we’re in Texas ? lol besides the credit score going down obviously lol

[@davestorm6718]

1099c = a sales tax on taxed income that you didn't actually spend (expense), especially since most debt is not the principle but the interest paid (as in 36% credit card interest, that you cannot write off as an expense to begin with). What a racket.

[@solosuit]

Nice!

[@Isnt_she_sweet]

So one has to file an answer first, then send the debt settlement letter? Just want to be clear and not skip steps. My court date is coming up and I'm so lost😢

[@solosuit]

Filing an Answer first will prevent default judgment and give the defendant time to work out a settlement. This is why it is a good move, in many cases, to respond to the lawsuit and then reach out to settle.

[@asilsesom3680]

Great information explained very clearly.

[@solosuit]

Glad it was helpful!

[@EnosLewis]

I saw in another video that you spoke about arbitration. Would that not be a good move if you were being sued by the original creditor and sent interrogatories? Just trying to make sure that I fully understand.

[@solosuit]

If you're being sued by the original creditor, and your credit card agreement contains an arbitration clause, filing a Motion to Compel Arbitration can push the case out of court and help you settle the debt through an arbitrator. The arbitration process is generally expensive, so must creditors want to avoid it. However, it all depends on what is stated in your card agreement. The Consumer Financial Protection Bureau has a database that contains most credit card agreements. You may be able to find yours there: www.consumerfinance.gov/credit-cards/agreements/

[@puffnstuff6907]

Please read the trust pilot reviews on this company. They are notorious for not filing the paperwork with the courts, sending their clients into judgment default.

[@evanalmighty9754]

I didn't get served. I just got a court date to show up. Can i still settle?

[@solosuit]

This would be dependent on the specific case, but you should be able to settle. Here is a general article on settling debt: www.solosuit.com/posts/make-debt-settlement-agreement

[@kennyf.435]

I want to settle my credit card debt. I plan on sending them a letter explaining my situation. The worst they can say is no. My question is which address is best to send it to. The one that the payments go to or the "card services" address. There are different addresses on the statement.

[@solosuit]

You could try calling the creditor to see if they have a special department for those types of communications. Sometimes, they have a special hardship or debt settlement department that handles these things.

[@Cathenz]

Awesome information thank you

[@solosuit]

You're welcome! Glad we could help.

[@marydetray6776]

Is it ridiculous to be sued by a debt collection agency over $2400? Only $1200 being the principal balance. I feel like they are desperate and going out of business or something. Its seems like such a small amount for a collection agency...

[@solosuit]

While it is ridiculous, it is not uncommon. We see cases under $1,000 frequently.

[@scarlet423]

I’m currently being sued for 1500 bucks:/

[@marydetray6776]

@scarlet423 I filled out a response then called the agency and got a confirmation that they would not proceed with the case if I kept my payment plan in place, I ended up settling for a lump sum of 1k up front and 500 in payments afterwards, then they requested the case be dismissed with predjudice (meaning it can't be brought again). Hope this helps you.

[@scarlet423]

@@marydetray6776 I appreciate that, that’s what I’ll do, I filled an answer and sent those out with the SoloSuit! And now I’ll wait till they receive that to then give them the settlement letter! I think that’s a good plan!

[@naia-gl2nf]

what if I dont have money to pay a lump sum? thisis why im in this position in the first place. lol they sent me a summons without even sending a letter telling me i have debt.crooks!

[@solosuit]

If you don't have enough to pay a lump-sum, our service, SoloSettle, can help you negotiate a payment plan. It doesn't have to be lump-sum.

[@RalphMartinez007]

I live in South Carolina and I’m facing a default judgment. I’m a bit confused about how these things work. My debt is around $7,000 with fees, and I’m wondering what a reasonable settlement amount would be. Also, I’m curious if they’re willing to settle.

[@solosuit]

Here is an article that provides advice on providing a reasonable settlement offer: www.solosuit.com/posts/make-debt-settlement-agreement

[@BuckNaked2k]

They took 30% off mine then would not budge a penny on subsequent calls. Seems fair

[@felipegarcia_2399]

Awesome video, thank you for the tips!

[@solosuit]

We're rooting for you!

[@lowrider5717]

Are you sure they can still garnish when you file BK? I think it’s stops everything!!

[@solosuit]

Right, once bankruptcy has been successfully filed, your wages can no longer be garnished for debts that have been eliminated. But while you are thinking about filing for bankruptcy, they can still garnish your wages.

[@Shalom151]

Get sued for medical bill $4500 . I talk to attorney about it he said medical bill it’s sometimes no easy to settle for lower amount. I file answer and call plantiff attorney to settle to refused. Just I set up payment plant $50 a month. Plus court cost.

[@solosuit]

Debt settlement really depends on the creditor, debt collector, and type of debt involved. There are a lot of factors that can play into it. If you can set up a payment plan on a medical bill, they generally do not accrue interest, so it's a smart move. Glad you were able to set up a plan.

[@elizabethcantu9128]

My friend got a subpoena/summons what should she do… it’s for medical bills

[@solosuit]

Your friend can use the SoloSuit Answer form to respond to the lawsuit. The form works in all 50 states, and we can file it for her too.

[@mnewyork]

Does the credit card company need to show a signed agreement for the debt to be valid in court? I was informed that when requesting validation or verification of a debt, credit card companies do not need to produce a signed agreement to prove the debt is valid and that I owe it. Is this true? I sent a validation letter to the original creditor's lawyer as part of my lawsuit answer. In response, the lawyer sent back all the credit statements but no signed documents. Exhibit A was just the credit agreement without a signature. A free legal aid lawyer in court told me that they do not need to show a signed agreement to win the case. Is this correct for a case in New York City?

[@solosuit]

Every state has different rules, but if a legal aid lawyer told you that information, there's a good chance it is true. If you think the debt is invalid, you might consider disputing it further with the FTC.

[@givingpresence]

Hi! I have some questions. The settlement agreement is for me to keep and for the collector/creditor. Then how do we make sure they filed a motion to dismiss with prejudice and make sure the court has approved it? What information do I need to find out?

[@solosuit]

Typically, as part of the settlement agreement, the creditor/collector will have you sign court docs that outline the agreement and state that the case is dismissed upon settlement.

[@C2CSubCommander]

What about offering as a settlement, a deed to a piece of property where I paid about the same price as " the amount they claim they are owed? I am on SSA and I know that's judgment proof but this property wasn't bought with SSA funds.

[@solosuit]

It probably depends on your state laws. You may need to reach out to an attorney to ask this question.

[@NickoasWorld]

Is there a form to fill out your response? If so how do I get it

[@solosuit]

You can fill out a form to respond to your debt lawsuit here: www.solosuit.com/debt_answer

[@showmanceband]

Do you have to wait until getting sued to use this settlement tactic with a big debt collector?

[@solosuit]

Definitely not! You can reach out to settle at any stage of the debt collection process.

[@givingpresence]

When communicating with the banks do we do it via phone or email?

[@solosuit]

Most banks don't communicate through email, but getting your conversation in writing is really important. So you might consider doing a voice recording of your phone calls so you have proof of any agreements you reach with the banker.

[@felixd9646]

Hello, third party sue me in court. But that debt is not on my credit profile no more because the debt is old and fall/came off my credit profile. How can i respond in court?

[@solosuit]

Sounds like it could be an invalid debt? You should check the statute of limitations in your state to make sure the debt is still valid, and if it is, you probably want to respond to the lawsuit. Check statute of limitations: www.solosuit.com/posts/statute-limitations-debt-by-state Respond to the lawsuit: www.solosuit.com/debt_answer

[@jasmineabbasov7442]

Should you still deny everything in an answer to a summons when you are still intending to settle?

[@solosuit]

Most attorneys recommend denying as many claims as possible, while still be truthful. This will force collectors to prove their claims, and if they can't, it will hurt their case.

[@heidi7097]

@@solosuit with credit card debt, would I have to file an answer without denying any of the debt? I imagine so

[@NEONdoubleF]

Am I able to still negotiate during the discovery phase? I filed my answer and 4 days after they already sent requests for discovery and admissions. If i try to file a settlement now, then will they stop the discovery process?

[@solosuit]

Yes, you can still negotiate. Learn more here: www.solosuit.com/posts/can-settle-debt-after-served

[@mindalick8867]

can social security be garnished by debt collector

[@solosuit]

Most state laws protect social security income from garnishment.

[@carisacarrasco7406]

I need Help how do I speak with someone

[@solosuit]

you can reach out to us at [e-mail]!

[@BlackHoleSun97]

I am being sued by PRA, I immediately filed an answer with the courts and sent a copy to PRA. A week later I received confirmation of my answer from the court and emailed a settlement offer to PRA using the email address listed on the paperwork I was served with. It has been over 7 days now and I have not got any response from PRA.. What should I do next?

[@solosuit]

Sometimes it is a waiting game. You might want to call PRA to check that they received your email. They will probably try to discuss settlement with you over the phone.

[@bellasue02]

Can you send me forms for disability not working judgement proof

[@solosuit]

You can probably find the forms you are looking for with the following Google search: judgment proof disability forms (state you live in)

[@janelleacosta5408]

Can u settle on restitution

[@solosuit]

these sources might be helpful in answering your question: www.justice.gov/criminal-vns/restitution-process prisonprofessors.com/what-should-i-know-about-restitution-orders-for-white-collar-crime/

[@mikeyy1916]

It’s a scam. I paid $275. What I get is automated email. They said it will be filed in 3 days but haven’t heard from they for more than 2 week. They have no phone number listed as-well. After I emailed them a couple of times. I keep getting email not delivered. So now I can’t call or email them. I lost my $275. Don’t be like me.

[@solosuit]

You might want to check your email for updates from us, as the tracking numbers for your documents may have been sent to your spam inbox.

[@MrKsan05]

I am angry that some company can buy old debt and sue me over it. I made NO deal with them, and it isn't any of their business, I do not owe them anything and flat refuse to pay them anything. We are going to court and I'm going to represent myself. I don't want to lose it but if I do I'm on SSI-D so it is a lose/lose for them, but I sure hope I crush them

[@solosuit]

It's a frustrating situation for sure. Kudos to you for being empowered and fighting back. We hope you win the case. Keep us updated!

[@troytruong8246]

You can't win if they sue you in court! If they can prove the debt is valid, you can't win in court. Settlement is good.

[@MrKsan05]

@@troytruong8246 Not true, most people lose in court because they don't answer and get a default judgement against them,. You CAN win in court and many people do. They can't prove the debt is valid, it is all based of hearsay, they will not produce the forward flow agreement. Settlement is bad.

[@nquisitivt]

@@troytruong8246 not if the debt is uncollectible specifically is the only source of income is SSI SSD.

[@naia-gl2nf]

@@troytruong8246 not good if you cant pay it! i only make 600 bucks a month! they dont want my suggested payment plan.

[@elizabethcantu9128]

If you pay month to month will you have to file taxes if you are disabled

[@solosuit]

I'm not sure what you mean by "pay month to month," but generally, any debt forgiveness is considered taxable income.

[@themastertrader01]

do you think If a owed ally bank 17,000 I can settlement for 4k?my car was total loss and I havent full cover.

[@solosuit]

It's hard to say, because that's less than 25% of the debt. These types of settlements aren't unheard of, but it really depends on the details of your debt and your current financial situation. Learn more here: www.solosuit.com/posts/what-percentage-offer-settle-debt

[@BePatient63]

Can a debt collector still garnish your checks if it shows on your credit report, they settled for less than amount owed?

[@solosuit]

It depends on the terms and conditions of the debt settlement agreement. Did you get yours in writing?

[@letschataz]

I got sent a summons for a medical debt that’s $270. I’m so scared.

[@solosuit]

No need to be scared! You still have time to settle the debt or fight the debt in court. Check out our website for resources on settling your debt (www.solosuit.com/solosette) and fighting the debt in court (www.solosuit.com/debt_answer)

[@YouTubeMaster1611]

$500 to settle a $10,000 debt?

[@Pazono1988]

And I was told that legally, they can’t even take money out of my grandma’s account even if she does not respond to the court filings because she’s retired and her pension is protected and she’s on Social Security she she doesn’t California by the way

[@solosuit]

Learn more about income that is protected from wage garnishment in our other video: kzbin.info/www/bejne/fZOTm5efpZVjmdk

[@jenna458]

If I plan to settle do I still need to file an answer in ohio?

[@jenna458]

Actually you spoke on this but how will proceedings with the court follow after sending an answer? Is the next step just the judgment by the judge?

[@solosuit]

It depends on what type of court has jurisdiction over your case. You may have to appear in court for a hearing or trial. If you have a scheduled court date, be sure to attend. Otherwise, there is a chance that your creditor or debt collector will dismiss the case before the court date, and in that event, you probably won't have to attend.

[@bonnieclyne6418]

Im in ontario and being sued by Canadian tire bank for 16000. Im on ontario disability i cant pay a lump sum i have no money . I can only pay 100. A month what do i do . My mental health is not good im so scared please help ❤

[@solosuit]

Our services are mostly for cases in the United States, but if you are able to work out a payment plan, it might be your best bet as settling the debt.

[@elizabethcantu9128]

If you get subpoena with medical bills

[@solosuit]

If you've received notice of a medical debt lawsuit against you, it is important to respond to the lawsuit before your state's deadline. Otherwise, you run the risk of losing by default judgment.

[@jaddek.astrie3071]

HOW DOES IT WORKS FOR A 500.00 DOLLARS DEBT COLLECTION?

[@AlAat-ro8zq]

🤣🤣🤣🤣🤣

[@solosuit]

The process is generally the same. However, we've noticed that some creditors and debt collectors are more willing to accept a debt settlement when the debt amount is higher.

[@vanessaa3100]

Why would you start negotiating at 65% then go up to 90 if you don’t have that money to spend

[@solosuit]

First, determine how much you can afford to pay. Then, make an offer at 65% of your target goal. If they don't accept, bump it up to 85%, then 95%, then ultimately 100% of your target goal. For example, let's say you owe a debt of $2,000. You can afford to pay off $1,000 right now. This means that $1,000 is your target offer. Your first offer should be 65% of your target offer, or $650. If they don't accept, bump it up to 85%, or $850. Then 95%, or $950. Theoretically, you should able to afford all of these amounts since you already determined your target amount. Hopefully that makes more sense!

[@debbies9838]

I hire an attorney help me settle..he didn't file answer ..he said he didn't have too...debt is 1600.00 they been refusing to accept...last and finally offer was 800.00..lawyer asks me can you offer 900.00..I said no!

[@mahogabriel8681]

I owned $ 2,369.75 portfolio sued me and started getting money since October 2022 and now portfolio is still picking my money.Is there a way to assist me please?

[@solosuit]

It sounds like your wages are being garnished. Did you ever have a chance to respond to your original lawsuit, or did you lose by default? Generally, people who have lost because of a default judgment can file a Motion to Set Aside Judgment. If granted, this type of motion gives consumers another chance to respond to the lawsuit and potentially stop garnishment orders.

[@dalewalker5425]

Couldn't listen to all the banging, distracting music in the background. You should lose the drama! Going elsewhere for help.....

[@solosuit]

Thanks for the feedback. We'll keep that in mind for future videos. 😄 If you need help responding to your debt lawsuit, check out www.solosuit.com/