How to Make a Settlement Offer

[MeanKitty]

My question involves collection proceedings in the State of: Florida.
Hubby sued by Porfolio Recovery via a lawyer in another county for a card charged off while we were making payments on it. We learned this part when I was handed the summons - yeah, I was, even though I'm not on it. The suit has a supposed copy of a statement with no account numbers that shows it being sold at that time. Go figure.
Anyway, we went to a lawyer, he said we had no case, we should offer to settle. I'm uneasy about him, as he does collections for some companies. Conflict of interest?
So if we take his advice, which we are considering (along with a second opinion), how would we do this? He said call them up. Me? I'll start yelling at them!!!
Well, I'm sure I can keep it under control, but I'd rather do this in writing. We have about two weeks to respond. He said they'd want half in a lump sum. We can't do that. He says we could let it go to a default judgment and they may or may not come after us. Don't know if we want that stress hanging over our heads. On the other hand, we know they paid pennies on the dollar.
Any advice? How would you proceed?

PS: My claws are out. These people called our home about 12 times a day for months - I thought they were calling for my elderly mum as they never told us who they were calling for and she had a habit of giving out my number for some collections issues she had with someone who shares her name.

[Mr. Knowitall]

Anyway, we went to a lawyer, he said we had no case, we should offer to settle. I'm uneasy about him, as he does collections for some companies. Conflict of interest?

He's not representing the company that's suing you, is he?

So if we take his advice, which we are considering (along with a second opinion), how would we do this? He said call them up. Me?

Yes, you.

I'll start yelling at them!!!

And they'll hang up, and then you won't get a settlement. (But as you say, you wouldn't actually do that.)

You have the option of hiring your lawyer to attempt to settle the debt for you, if it's worth your paying his hourly rate.

Well, I'm sure I can keep it under control, but I'd rather do this in writing.

You can try that.

He said they'd want half in a lump sum. We can't do that.

If you can't make an offer that the plaintiff finds acceptable, they won't settle.

He says we could let it go to a default judgment and they may or may not come after us.

Well, yeah.... and you'll have a default judgment on your credit report.

Don't know if we want that stress hanging over our heads. On the other hand, we know they paid pennies on the dollar.

Well, you either pay or don't pay, settle or don't settle, appear and defend or default.... ultimately it's your call.

Any advice? How would you proceed?

I'm the wrong person to ask. I never carry a credit card balance from month to month. It's a ridiculously expensive way to borrow money... although it beats payday loans. How much money are we talking about? Do you have a lot of other debt? At a certain point the numbers may justify consulting a bankruptcy lawyer.

[MeanKitty]

No, no need for bankruptcy. 'Twas a medical card. Sue-ee is on SS.
I had the feeling the lawyer DID work for them.
Well anyway, if we do go ahead and try to settle, is it best to write a letter making an offer and does this count for the within the time frame response? He kept saying call them.