Legal Question in Credit and Debt Law in Massachusetts

Summons Received and Action Taken

I received a summons from a collection attorney on an outstanding debt that was written off by MBNA in 2001. The amount written off was for $8,053.00 but the summons I received is for almost $17,000. I do not have this money to pay. I have hired a bankruptcy attorney who sent the attorney a letter offering a lump sum settlement or they/I would be faced with my filing chapter 7. I have no assets. I pay rent and have a car loan. I live paycheck to paycheck. The debt is almost 6 years old - in September 2008 it will be a 6 year old debt so i am aware of the statute of limitations. My question is: are settlements usually accepted? Thank you for your assistance. I really appreciate any feedback and insight you can share.

J


Asked on 7/08/08, 9:53 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Summons Received and Action Taken

It is really hard to provide you with specifics without reviewing the payment history, any documents which indicate that the loan was either 'written off', forgiven, or discharged.

The first thing you must do is answer the summons and complaint within 20 days. If you do not answer the complaint, the court will grant the creditor a default judgment against you in the full amount it claims you owe.

Please feel free to contact me if you should require further assistance or have any further questions.

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Answered on 7/08/08, 1:05 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Summons Received and Action Taken

The decision to settle a debt is strictly economic and based on fundamental accounting; if the expected cost of pursuing the debt exceeds the expected benefit to be obtained, the creditor will settle for an amount over the expected cost. For example, if you can demonstrate to the creditor that their expected benefit would be $2000 over a period of 5 years (due to your financial hardship, but the cost of obtaining that money would be $4000 in time, aggravation and attorney fees within the same time period, then you have more leverage than the creditor. And that is the fundamental rule of negotiating with creditors which people pay hundreds, if not thousands, of dollars for to learn about through seminars and informational materials.;)))))))

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Answered on 8/02/08, 12:21 pm


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