[salexa]

I recently received a summons for a credit card debt from a company Unifund.
I spoke with an attorney. The debt is past SOL past 4 years, which is the time limit in Pa.
They are suing UNJUST Enrichment and Breach if Contract which he claims is harder to fight.

I called the attorney for this firm to negotiate a settlement . How much will they accept? I understand half may be the key. I also understand the firm bought this debt for next to nothing.

Salexa

[Mr. Knowitall]

If it were me, I would answer the complaint and raise the statute of limitations as an affirmative defense. I would have the judge rule on the question of whether the statute of limitations has run. If not, only then would I talk settlement.

If you're correct that the statute has run on this debt, I think they're trying to intimidate you into paying them money on what appears to be an uncollectable debt and that their legal theories are a certain bovine byproduct.

[salexa]

Would they be willing to accept a settlement if they would rule in their favor?
As you know the amount has doubled due to all the fees and interest.

Salexa

[aaron]

You are free to try to negotiate a settlement. Whether or not they would settle? That's a question only they can answer. Consider consulting a local lawyer first (perhaps a bankruptcy lawyer) for a reality check on the question of whether their suit has any merit.

[salexa]

Aaron,
I have consulted a bankrupcy attorney and he feels there is validity in the summons


SA

[aaron]

A summons is a notice to appear in court (it usually contains a date - i.e., it "summons" you to a particular court on a particular date). The complaint states the claims against you. If your lawyer sees merit in the complaint, discuss your possible defenses with your lawyer.