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  1. #1

    Default Money

    My question involves collection proceedings in the State of: California

    I was served by court about 1 week ago for $2000 debt which became $3000 w/ interest and atty fees. I called them a day after being served & they would not accept payments, payment arrangement...they need entire 3000 within 1 week (Fri June 1). If not received 6/1 they will go forward w/ judgement, put lien on house. Questions are:

    Can they still process judgement & lien if I pay after June 1 (mid June)...they only gave me 1 week to come up w/ money.
    Can they still process judgement & lien if I pay only the $2000?
    Summons says I have 30 calendar days from day served....do they have to wait until this time is up? Do I have option to request more time?

    Thank you,
    Kristine

  2. #2
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    Default Re: Served by Court for Debt from Collection Agency Won't Accept Pmt Arrangement

    Quote Quoting kkc2007
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    Can they still process judgement & lien if I pay after June 1 (mid June)...they only gave me 1 week to come up w/ money.
    You've just been sued. They don't have a judgment to process. Not yet anyway. What they are saying is they will drop the lawsuit if you pay in full within the week. Otherwise they will continue to pursue the lawsuit until they do get a judgment. A properly filed judgment can become a lien on your home.
    Quote Quoting kkc2007
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    Can they still process judgement & lien if I pay only the $2000?
    Yes, they can continue to pursue the lawsuit and go to judgment because you will still owe the balance.
    Quote Quoting kkc2007
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    Summons says I have 30 calendar days from day served....do they have to wait until this time is up? Do I have option to request more time?
    The 30 days is the deadline for you to file an answer to the complaint if you have a defense. No, you generally don't have an option to request more time. And, no, they don't have to wait to try to collect now. Getting out from under the lawsuit is your incentive to pay in full as quickly as possible.

    Keep in mind that the more time their lawyer puts into the case the more his legal fees will be and those legal fees can often be added to the judgment, depending on the type of debt and the contract that arose it.

    What type of debt is it?

    If it's a credit card debt, you can be sure that lawyer fees will continue to be added to the amount owed. If it's something else, maybe not.

  3. #3
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    Default Re: Served by Court for Debt from Collection Agency Won't Accept Pmt Arrangement

    Does that 3000.00 include the interest and attorney fees? I wasn't entirely clear on that the way that you worded it. If so, I am a little surprised that they are unwilling to negotiate some, as they haven't actually had to spend the time in court yet.

    You should be aware that a lien on your house is just that, a lien. That allows them to get paid if you sell the house. That does not mean that they can take the house. They would have to go through a very long and drawn out process to even force the sale of your house, and you will have likely paid them off long before they would even start such a process.

    However, if the 3000.00 is before interest and attorney fees, then I would advise that you try to borrow from someone to get it paid off before court.

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    Default Re: Served by Court for Debt from Collection Agency Won't Accept Pmt Arrangement

    Quote Quoting llworking
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    Does that 3000.00 include the interest and attorney fees?
    Seems clear that the extra $1000 is interest and attorney fees.
    Quote Quoting kkc2007
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    I was served by court about 1 week ago for $2000 debt which became $3000 w/ interest and atty fees.
    Quote Quoting llworking
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    If so, I am a little surprised that they are unwilling to negotiate some, as they haven't actually had to spend the time in court yet.
    It could be that Kristine offered payments that were too small to even be considered. Or, maybe, the collection is trying a fear tactic and would negotiate later if it didn't work.
    Quote Quoting llworking
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    if the 3000.00 is before interest and attorney fees, then I would advise that you try to borrow from someone to get it paid off before court.
    Ditto that.

  5. #5
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    Default Re: Served by Court for Debt from Collection Agency Won't Accept Pmt Arrangement

    Quote Quoting adjusterjack
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    Seems clear that the extra $1000 is interest and attorney fees.


    It could be that Kristine offered payments that were too small to even be considered. Or, maybe, the collection is trying a fear tactic and would negotiate later if it didn't work.


    Ditto that.
    I am still reading it two different ways.

  6. #6
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    Default Re: Served by Court for Debt from Collection Agency Won't Accept Pmt Arrangement

    Quoting the OP

    I was served by court about 1 week ago for $2000 debt which became $3000 w/ interest and atty fees.
    $2000 debt which became $3000 with interest & attorney fees. That sounds like $1000 I & A me on top of a $2000 original debt.

  7. #7
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    Default Re: Served by Court for Debt from Collection Agency Won't Accept Pmt Arrangement

    Quote Quoting PayrolGuy
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    $2000 debt which became $3000 with interest & attorney fees. That sounds like $1000 I & A me on top of a $2000 original debt.
    Hopefully he will come back and clarify.

  8. #8
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    Default Re: Served by Court for Debt from Collection Agency Won't Accept Pmt Arrangement

    Quote Quoting llworking
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    Hopefully he will come back and clarify.
    Kristine is unlikely to be a "he."


  9. #9
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    Default Re: Served by Court for Debt from Collection Agency Won't Accept Pmt Arrangement

    Quote Quoting adjusterjack
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    Kristine is unlikely to be a "he."

    Missed that...

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