Legal Question in Credit and Debt Law in Georgia

Want to settle lawsuit bought by attorney on behalf of CC company

I am being sued by an attorney on behalf of Capital One regarding a debt of $1900. Last week they told me to pay 3 payments of $466 each but I did not have it in writing as I was disputing the fact that Capital One themselves agreed to a payment schedule of $350/month for 3 months. I sent the attorney asking him to honor what Capital One would not do. They instead sent me a letter saying they new settlement amount is $1545 due by Nov 15th. This is unrealistic. I called them back and they said I would then have to pay the $1545 in 2 installments by Nov 15. Are the hardballing? Should I contact an attorney? They are not negotiating in good faith.


Asked on 10/17/07, 9:47 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Want to settle lawsuit bought by attorney on behalf of CC company

Your post is far from clear on whether an agreement was reached. Did they merely offer that, or did you have a firm agreement and payment schedule? It appears no payment was actually made pursuant to an agreement, and it is doubtful that offer would be open indefinitely. Absent a firm agreement, it is not bad faith merely because they do not accept what you offer. After all, it appears you defaulted on your obligation to begin with. If the debt is valid, they will likely get a judgment. You can hire a lawyer, but that would likely take a large sum of money that could go to pay the debt.

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Answered on 10/17/07, 9:58 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Want to settle lawsuit bought by attorney on behalf of CC company

Your post is far from clear on whether an agreement was reached. Did they merely offer that, or did you have a firm agreement and payment schedule? It appears no payment was actually made pursuant to an agreement, and it is doubtful that offer would be open indefinitely. Absent a firm agreement, it is not bad faith merely because they do not accept what you offer. After all, it appears you defaulted on your obligation to begin with. If the debt is valid, they will likely get a judgment. You can hire a lawyer, but that would likely take a large sum of money that could go to pay the debt.

Read more
Answered on 10/17/07, 9:58 pm


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