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If I want to settle my debt without going to court, do I call the Attorney filing or do I call the Collection agency(Plaintiff)
Anonymous3 views3 answers
The lawyer filing is not the same as the plaintiff. Should I work out a settlement with that lawyer or the Plaintiff which is Midland Credit Management?
The lawyer is the point of contact if s/he represents the Plaintiff collection agency. Contact the law office to work something out that is agreeable to you and the Plaintiff's client, Midland Credit Mgmt.
To settle a debt that has already been sued upon, its best to call the attorney listed on the pleadings. Since most debt collection lawsuits are filed by huge lawsuit factories (They are called "law firms) you probably will reach a clerk or paralegal. Even attorneys have to deal with the clerks, because the attorneys are simply unavailable. If the attorney has an email in their pleadings, use the email address instead of the phone.
Always have your complaint ready to read from, You may need the case number or the law firm's internal reference number in order to reach someone who has authority to deal on your case. When you reach someone, be sure to write down their name and take notes.
Do not forget to start by asking if they "have a settlement amount in mind." Try to have them make the first offer. As soon as they make an offer, no matter what the offer is, you need to reject the offer. Then make an offer of your own. Remember, money talks and nothing else works. If you have no money, don't waste your dime on the phone call.
Be sure to make a lump sum cash offer right away, if you can. Don't worry if they turn you down. When they turn you down, be sure to ask them, "What do you think is fair?" That will usually get a counter offer going. If you are not up to this kind od give and take, that's OK, but you will need an attorney. Good luck.
Contact the lawyer's office first. If they prefer you to work directly with the plaintiff, they will tell you who to talk to.
Hope this perspective helps!