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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Summoned for Small Claims Court Before Settlement Date

    My question involves collection proceedings in the State of: Connecticut

    Hi, first, I'd like to thank everyone here for providing this sort of help on a volunteer basis. I think it's great.

    To get to my little problem, I've received two letters in the past two weeks.

    The first was a letter from The Law Offices of Howard Lee Schiff, P.C., indicating that they would like to resolve my debt to Bank of America for the sum of $3,402.00. They offered me a settlement of 75% of the debt, and asked that I respond by November 6th 2009.

    My first question, is, according to my credit report, the company who bought the debt only paid about $400 for it. Am I able to make a counter offer to pay it off for less than they're asking for, knowing that they only paid that amount for the debt?

    My second question, is in this document, are they asking that I pay 3402.00 which would be 75% of what I actually owe, or are they asking me to pay 75% of the 3402.00?

    The second letter I received was what appears to be a claim from the State of Connecticut - Superior Court, Centralized Small Claims Court, asking me to answer the claim by November 17th. It's for the same amount, 3402.00.

    Now, I find it hard to believe that they would send me a court document before the date they had asked me to resolve the debt for, but I'm less than versed in legal matters.

    The small claims Writ and Notice of Suit which is attached has a date on it of September 24, 2009, and the affidavit attached refering to Midland Funding LLC, has a date on it of August 20th.

    If I were to settle with the collectors before November 6th, would this document be nullified? Is it valid to begin with? What are my options?

    Any and all help would be greatly appreciated! Thank you!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Summoned for Small Claims Court Before Settlement Date

    My first question, is, according to my credit report, the company who bought the debt only paid about $400 for it. Am I able to make a counter offer to pay it off for less than they're asking for, knowing that they only paid that amount for the debt?
    You can offer anything you want and base it on anything you want. They do not have any requirement to accept anything less than full amount.

    My second question, is in this document, are they asking that I pay 3402.00 which would be 75% of what I actually owe, or are they asking me to pay 75% of the 3402.00?
    I don't really know. It is your letter and you know what the actual debt is, or do you?

    The second letter I received was what appears to be a claim from the State of Connecticut - Superior Court, Centralized Small Claims Court, asking me to answer the claim by November 17th. It's for the same amount, 3402.00.
    Well, it seems they are being proactive and letting you know that if you refuse to settle, they will sue you. Smart move, and inexpensive in the long run.

    Now, I find it hard to believe that they would send me a court document before the date they had asked me to resolve the debt for, but I'm less than versed in legal matters.
    Look at it this way: either you settle before court or face them in court. You already know they will sue you so you needn't ask yourself that question, which so many folks do.

    The small claims Writ and Notice of Suit which is attached has a date on it of September 24, 2009, and the affidavit attached refering to Midland Funding LLC, has a date on it of August 20th.
    Ok, was there a question there? I don't know how the sept date was included and I do not now who Midland Funding is.

    If I were to settle with the collectors before November 6th, would this document be nullified?
    effectively, yes but you should never ignore or simply accept that a suit has been withdrawn.

    Is it valid to begin with?
    What? The suit? Oh ya.

    What are my options?
    settle before the court date or see them in court.



    Any and all help would be greatly appreciated!
    so NOT fail to respond to the summons before the date given (service date + some number of days generally)

  3. #3
    Join Date
    Sep 2009
    Posts
    8

    Default Re: Summoned for Small Claims Court Before Settlement Date

    Why not have some fun and go to court? Your paying for those services anyway.. sure beats watching TV! Besides you might could win if you accept this as a challenge, and don't let the fear eat your soul... bring out that fighting spirit!!! rah rah, why let the wall street bankers run off with millins and billions and you not stake a little bit of cheese for yourself? Can you win? Well, I just pulled the file on a fighter that beat AMEX out of 58k. But hey, do what you think is best....myself, I like a little scrapping now and then....

  4. #4
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Summoned for Small Claims Court Before Settlement Date

    Thanks for your quick replies guys!

    My second question, is in this document, are they asking that I pay 3402.00 which would be 75% of what I actually owe, or are they asking me to pay 75% of the 3402.00?
    I don't really know. It is your letter and you know what the actual debt is, or do you?
    It's hard to tell really. The initial charge off appears to have been $4,742. 75% of that would be $3556.50. The high balance was $5,155. 75% of that wouldn't be $3,402 either, so I'm not really sure where that number came from.

    Quote:
    The small claims Writ and Notice of Suit which is attached has a date on it of September 24, 2009, and the affidavit attached refering to Midland Funding LLC, has a date on it of August 20th.
    Ok, was there a question there? I don't know how the sept date was included and I do not now who Midland Funding is.
    What I'm trying to express here, is that it seems strange that hey had begun this process months before even sending me the settlement letter. But perhaps this is just how these companies work? The documents I'm refering to here were attached to the small claims form. I just assumed that that was standard procedure in these cases and you would know what I was refering to. I apologize. In addition, Midland Funding LLC is the people who have purchased the debt, who the law offices that sent me the letter are working for.

    I don't want to create the false appearance that I'm not looking to settle this debt. I intend to pay it off. I'd just like some advice as to the best way to proceed given the circumstances I've outlined.

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