Legal Question in Credit and Debt Law in California

Debt collector suing, 1 more day to respond. Can I call them now & avoid court

Debt collector suing me & (now separated) husband for my cc debt (as of 9/02):

1. Breach of Contract (true)

2. Account Stated; (don't agree)

3. Open Book (don't agree)

4. Fraudulent Conveyance (No!)

* They're seeking monetary, non-monetary, and punitive remedies.

* They say my debt,as of 4-21-03,was $20,499. I have letter,dated 4-24-03,from a previous debt collector, says total is $13,040.

* In 2-98 (2.75yrs PRIOR to opening this acct), I bought house w/husband & was immed instructed to quitclaim it to him - can't remember why (financing?). BUT 2 years later, or 6 months PRIOR to defaulting on cc payment, we were able to refi w/my name on the loan and back on the title, as well.

Yet, plaintiff ''is informed'' and believes I made original transfer ''with intent to hinder, delay, or defraud the collection of plaintiff's assignor's claim''. Huh?!?

* Tomorrow,12th,is 30 days since I was served. Can't afford lawyer & don't quite qualify for free legal help. Thought I'd handle it myself, didn't realize til today filing fees are $600+! Do I have options at this point? Can I avoid court/fees & call their lawyer tomorrow to try settling (started a refi to pay debts, so I'd pay in full

if we reach agreement).


Asked on 8/11/05, 10:23 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Debt collector suing, 1 more day to respond. Can I call them now & avoid co

You could try. You would have better chances if an attorney requested extension to answer to allow negoitiating from a more powerful position. Cost to prosecute is a concern for the plaintiff. Rolling over dead gives them zero incentive to compromise the debt. Call me directly at (619) 222-3504.

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Answered on 8/11/05, 11:14 pm


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