Calling an Attorney Debt Collector to Negotiate and Settle a Credit Card Debt
I am being sued by a bank for credit card debt. Rather than anwering the Discovery Questions they sent me after I sent them a Letter of Validation, I called them to negotiate a settlement. No settlement was reached and now we are headed for arbritration (state of NC).
Did I still have to answer the Discovery questions? The 30 days I had to answer the quetions is now over, just a little concerned about this. Should I have answered the questions before calling to negotiate?
—Andrea
In most situations, when being sued for a debt, it is best to consult with an attorney. Not just any attorney though. You want to speak with one that has experience defending people against credit card bank and debt buyer lawsuits. There are not many around the country. There are several in North Carolina that I know of though.
In short, a standard debt validation request, if sent after you were already sued, does not typically yield anything. Debt validation requests are more applicable prior to any collection lawsuit, and in some instances, are useful to send prior to negotiating a settlement. Sending debt validation requests when all you want to do is settle and resolve a debt can back fire though. This may not be helpful for the account you are posting about, but if you have other late credit card bills you want to settle, read: https://consumerrecoverynetwork.com/when-to-request-debt-validation-from-a-debt-collector/
You can certainly answer the discovery questions and file them. You are late, but you could come up with a plausible excuse, like you wanted to consult with an attorney. People representing themselves are given some latitude (not always). But are you confident you know what you are doing? If not, you could further complicate your settlement goal.
Settling a Credit Card Lawsuit with Sessoms and Rogers Before a Hearing
I would like some more details about your situation before going further.
Who is the credit card bank? How much is owed? Who is suing you, the original credit card bank or a debt buyer? Who is the law firm suing you? When did you last make a payment on the account? Are you behind with other credit card debts besides this one?
When was your response to their discovery due? What date is arbitration set for?
If you can answer these questions in a comment reply below we can go from there.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
As the thirty-days-to-respond time is running down (I’m not even sure when it is because I was served seven days after it was taken out) , do I have time to contact Sessoms & Rogers to try and negotiate an immediate settlement or should I respond with a General Denial to the summons and then try to negotiate? What should I use in the General Denials? Thank you for your help with my problem.
The clock to file your response starts ticking from the day you were served. Yes, you have time to call the attorney to see if you can negotiate a payoff you can afford. If you cannot, I would recommend defending that case to simply buy time to settle, or all the way to dismissal.
I have one credit card ($800 and at limit) and one consumer loan ($12,000) that are current. Mortgage is 2 months behind (due to illness), but I am making payments on a regular basis and have a plan to be caught up within six months. I have four other credit cards that are in collections ($7800 total).
The accounts in collection, and the mortgage arrears, all play to your negotiations strengths.
I have received a civil summons from Sessoms & Rogers with their plaintiff as Portfolio Recovery Assoc. It is dated 11-18-14, but delivered to me on 11-25-14. My state of residence is NC. I have a debt of $800 from a Chevron/GE which includes over $400 in late payments and overlimit charges. My last payment to Chevron was on 1-12-13. Surgery caused me to miss two months of work, so I paid my mortgage and let credit cards slide. I’m not sure if $800 justifies hiring an attorney. The summons includes a court case number, but no court date. I will receive cash for Christmas and could come up with $400-500. I would appreciate any advice you could give that would help settle this for close to $400. Thank you.
Attorneys filing lawsuits to collect on debts under 1,000 dollars is more common than many people would think.
Settling lower dollar collection balances can be a moving target when not sued. Getting a good savings when negotiating a small balance debt with an attorney, once sued, is even harder.
How collectable you appear on paper, and how well you communicate your financial hardship, or inability to pay, could be key.
Are there debts showing up on your credit reports as being kept current? How many, and what types of accounts are they?
What do you mean by general denials?
General denials are mostly to refute any or even all claims made in the initial complaint. You are basically creating a controversy that can survive early court strategies of the plaintiff.
You should run this whole scenario by an experienced debt collection defense attorney of your own in order to get a good grip on expectations in your particular court.
I was just served a summons from Sessoms and Rogers for a Barclay Debt. Can I contact them to try and set up a payment plan rather than responding to the summons?
You can do that. The issue with that approach is that the attorney will often want you to consent or stipulate to a judgment in return for accepting smaller amounts. They do this primarily because:
1. They already took the time and expense to sue.
2. Getting that consent or stipulation is in the interest of their client.
3. Suing, at least to them, will now appear to be the only thing you took seriously enough to make payment arrangements. And they will want to maintain that leverage.
How much is it that they are suing for?
What can you afford to pay each month?
Thanks! They are suing for about 1800. It also says they are seeking no interest, and costs associated with the matter.
I can afford about $100 a month.
Sessoms and Rogers may be more likely to accept a payment plan that goes for 3 to 12 months. But you do still have a shot at negotiating an 18 month payment plan.
Any chance you can get creative and come up with about 50 to 60 percent of that in order to negotiate a settlement?
I may be able to come up with roughly 50%. If I call them and negotiate a settlement (either lump or payment plan), would I need to respond to the summons still?
I would file an answer to the their lawsuit with general denials regardless. It helps remove some of the leverage when they know they are not just making a routine lay up, which is what debt collection lawsuits like this generally are.
I have an old walmart account and it was sent to portfolio recovery associates and they didnt offer any kind of settlement so then it went to sessoms and rogers. I mailed them a letter saying i could pay 10 dollars a month. They sent me a letter back saying they would do that and i was suppose to have the letter notarized and sent back within 10 days. I didnt get the letter until the weekend so i mailed a letter back saying i needed more time and also sent a check for 10 dollars. The other day i got a letter saying i have to go to court. What do i do?
How much is Sessoms and Rogers suing for?
I have recieved a civil summons from Sessom’s & Rogers with their plantiff as Portfolio Recovery Assoc. on 7-2-14 delivered to me on 7-8-14. I have a debt of $5331.60 of my Old Navy Visa/GE Capital. The last payment was made on 12-16-11 after I lost my job. I live in NC. I am unable to afford an attorney, or pay this lump sum. They are requesting $5788.65 to be paid. The best lump sum I can come up with is $1000. Any advce would be appreciated!
Settling once sued, for as small a percentage as you need to, is not common. The times I do see those types of deals are when there are serious hardships that are not likely to change soon, or ever (fixed income, medical concerns etc). And I do not see Portfolio Recovery as one of the more reasonable debt buyers out there even when there are hardships (at least not currently).
What are the hardships that led to your inability to pay? Where do things stand today?
What area of NC are you in? Have you looked for any legal aid offices nearby? Many work on debt collection defense cases.
I had a credit card that I could no longer pay for when I lost my job.
On 12-17-2013 I received a civil summons, without knowing how to respond to Sessoms & Rogers and not being able to afford an attorney. In an act of good will I sent a notarized letter to them, stating my actual situation and offering to set up a payment plan arrangement. I offered a very low amount, thinking that on further negotiation we could reach on a certain amount I could afford to pay.
I have not been able to reach their legal assistants.
Now on 5-21-2014, a NOTICE OF RIGHT TO HAVE EXEMPTIONS DESIGNATED arrived.
From yesterday until now, I have not been able to contact a representative to explain my situation- I was always referred to the answering machine.
This morning I was able to reach their office and I left an offer to settle or look for an arbitration through the court. They replied today, and as far as I know they will call me back to answer my settlement after the consultation with Midland Funding, LLC.
I told Sessoms that Chase Bank never made an effort to reach out to me and offer to settle with an affordable payment plan. Instead, Chase sold my account to a third party. This was an error of Chase’s part that has left me in a precarious position. If my settlement offer is not accepted, I will ask the court to review my case and rule through arbitration. I would appreciate any advice from your organization on how to approach this situation.
The amount that Sesoms and Rogers want to collect is $ 4,984.71, which is far higher than the original amount that was debited to Chase Bank. My offer to settle was a lump sum of $2000
My questions are:
Do I need to make my offer to settle in writing, have it notarized and sent to them by certified mail?
Do I have a legal right to reopen this case in court? Is this a wise choice to make? Or should I continue with my settlement offer?
Oscar – Based on what you refer to having received on 5/21, it sounds like a judgment was entered against you in the court. Is that correct?
I am not sure what you hope to gain by readdressing this with the court, other than proving you meet your states exemption thresholds.
If you are serious about settling, you can negotiate the deal over the phone, and then get everything you agreed to in writing before paying. Debt settlement targets at this late stage of collection can range between 40 and 80% of the today’s balance.
There is rarely anything that happens in this, or prior stages of negotiating and settling credit card debts, that would require a notary.
I’ve been really serious about settling over the phone, the answer from them was always over the phone. any of my settlement offer was upgraded by them and with a short windows to pay
The last one was an offer of $ 3,000.00 with a payment of $ 1,000.00 a month which in my actual situation (not a steady job) was impossible to accept.
Ever since June 2014 they did not call me back over my last offer, it was to pay $ 500.00 a month till we arrive to 3,000.00 as a total amount over this settlement.
Today as I arrived home I found a final notice from the sheriff office that holds an execution against me in the amount of $ 5,393.45 with zero interest till paid in full. Due day 03/04/15
As a subcontractor with times with no work at all or getting pay as work is available, nothing have has a great improvement in my financial situation, nothing but the house is in my name and my wife, While I was no able to work I sold some of my tools my car was hit and a total lost was in force, I have not a car in my name nor a tv or pc or laptop but my clothes and old shoes. will they have the right to proceed against my wife property? we are just married for two years.
After all this time I still firm in settle this debt but in a way that I can afford should I call Sessoms and Rogers to try once more to arrive to a settlement? I’m forgetting to say that they never send nothing in writing
It is unlikely that your wife’s property is at risk. If something like that threatens to become a reality, post an update.
I would look at bypassing Sessoms and Rogers and try calling Midland Funding directly, tell them what is up, that you were willing to accept the 3k a month settlement offer, but could not do the 1k a month, but countered with 500 dollars a month. You have not shared anything with me that suggest that deal would be turned away.
Midland may be able to connect the dots between you and the collector. Post an update with what happens.
I am in the same boat with Sessoms & Rogers. I had a credit card that I could no longer pay for when my wife lost her job. I decided it was better to keep my mortgage paid than unsecured debt. The card was charged off and later sold to Portfolio Recovery Associates. Sessoms and Rogers are wanting $4800 for the debt. I called to see if we could set up some reasonable payments until I could afford the $115 they want per month. They said they want either the lump sum or $115 per month. I can’t afford that at this time. Can you give me any options of how to negotaite with them? I don’t want to file Chapter 7, but will if necessary.
How long ago were you sued by Sessoms and Rogers?
Approximately 5 months ago, they issued a judgment against me. I answered the complaint and gave my affirmative defenses within the 30 days.
With the judgment in place, Sessoms and Rogers will have extra ordinary collection options available to them. For most folks, that will include the risk of a bank account levy, property lien, or wage garnishment. Are you in North Carolina? If not, what state are you in?
Do you have other debt that is with debt collectors? I would not want to see you file for chapter 7 bankruptcy over this one account with PRA that is under 5k.
I am in North Carolina. The judgment has not become official. Three weeks ago, they sent me the plantiff’s request for production of documents. I know wage garnishment will not be a problem in NC. Property lien would only be a problem if I ever try to sell the property, right? I have other debts that are with debt collectors (about $8,000). Would they be more likely to negotiate before an actual judgment has been rendered?
You just don’t hear of forced sales on credit card judgment liens. Regardless, 35k of equity is protected in North Carolina, and 65k in certain elder citizen scenarios (this according to data compiled by the National Consumer Law Center). Even if you have twice that in equity, my experience suggests your home is not at risk until you try to sell or refinance. Like you said, no wage garnishment in NC. That leaves a bank account levy. Can you live without one, or with funds in a spouse or other persons name until this is resolved?
Lets say you pay 1500 for a chapter 7 bankruptcy, and that is soup to nuts. Compare that with, say, 5500 to settle with the PRA attorney, and the other debts. You pay a four thousand dollar premium to avoid bankruptcy. Is that worth it to you? Be sure and read about how bankruptcy and settling credit card bills stack up when it comes to your credit reports, and access to credit: https://consumerrecoverynetwork.com/credit-report-score-rating-debt-relief-programs/
I have a similar situation as Jay with the same attorney office. I have received a civil summons and don’t really know how to respond. I just happen to stumble on this thread and felt you had great info. I’m in NC. Could I ask you a few questions regarding this matter?
Ann – Questions and feedback are what this site is all about. Fire at will.
“truly” I meant. I’m still a little stunned at no call back after leaving them 2 messages.
Will do. I’ll call Barclay’s later today. Maybe they are waiting for Barclay’s to pay them the $185 they were not able to obtain from me, it is trult crazy!
Thank you very much!
Hello there,
A quick update: In my last conversation with you on December 4th I mentioned I was going to contact Sessoms to work out a payment schedule. Since December 4th, I have not been able to reach their legal assistants that I’m told I need to speak with. Before the arbitration decision was made, I heard from them pretty regularly and had no problems at all reaching them. The message I left today, I told them I would try writing them since I haven’t been successful at speaking with a live person. When I write my letter should I have it notorized? This is just ridiculus that now I’m having to hunt them down to pay them!
There is certainly a level of ridiculousness, after all of what you have been through, to find you have now chase down someone to set up payments. Sessoms was not able to get their fees included in the arbitration. They may not have much motivation to work the account now, but that is pure speculation on my part.
You should try to reach Barclay directly and offer payment as well. If they direct you back to Sessoms again, send your letter.
No, I do not think it is necessary to get your letter notarized. I would suggest keeping a copy of it, and sending it certified mail return receipt though.
I also encourage you to keep track of all the calls you have made to date in your good faith efforts to pay the attorney deb collector.
Thanks for the information, I will give them a call today, I’ll let you know how it concludes since you have been a very helpful part of this process.
Thanks Andrea – It would be great if you did post updates.
No, thank you for letting me know that they needed to show some type of proof they want to sue someone for, it made me really go rummaging through my files to collect everything I had and my CCC company was nice enough to send me a ledger of all the payments they made to Barclay’s plus I kept the letter Barclay’s sent me stating they will not participate in the program.
With the holidays rolling around, I really can not afford to do any lump sum, perhaps around tax time. So I should call Sessoms to arrange the payment plan? Can they appeal the decision? I don’t think that they will because the Sessom’s attorney was unusually nice, he was actually filling in for the original attorney on the case, might be a blessing that she couldn’t make it!…LOL He agreed with pretty much everything I was saying except the amount I owed, he had to stay firm to that amount.
Andrea – I doubt with the utmost sincerity that any appeal on the decision will be filed.
Yes, calling Sessoms attorney office to get set up on a payments you can afford would be next. I do still like the idea of having the credit counseling service you are working with reach out to their Barclay CCA liaison and see if the account can now be rolled into the plan. They do have a liaison at Barclay that they can communicate with regularly. If rolling the Barclay debt into your current debt management plan is not possible, call Sessoms and see what payment arrangement can be done.
Hello,
I went to arbitration last Thursday and guess what?……I WON!!!! Michael gave me helpful information about NC requiring banks/attorney’s to have to provide some sort of proof that the account belongs to the defendant and statement of amounts. Sessoms had absolutely NOTHING, I was actually stunned that they showed up with nothing. They did have a an affidavid from an employee of Barclay’s who just stated that I owed $4,900. I had several documents but nothing recent. The last statement I had was from my credit couseling company that showed I had been making payments to Barclay’s even though they refused to participate in the program and what the balance was in 2011 when I made the last payment (Barclay’s refused further payments from CCCS). I also showed the abitrator all the attempts I had made to try and work out something with Barclay’s and they refused all of my attempts, he probably was like me, amazed that a bank would not take some money as opposed to no money, especially since I was laid off during that time. The arbitrator awarded them with the balance that was shown from my last payment which was $3992. Barclay’s wanted a total of $5085, which inclded their attorney fees. Arbitrator did not even allow them attorney fees! I’m very happy with the outcome. My next question is, now that the award was handed down, do I call the bank or Sessoms to work out a payment plan, I can not afford to pay $3992 in a lump sum.
Andrea – Great job! Setting up a payment arrangement that you can afford is the next step. I would first find out if your consumer credit counseling service is willing to contact Sessoms, or the correspondence liaison they work with at Barclay, to see if the account can get inserted into your debt management plan. I am suggesting this first because of the convenience. If that is not an option, or you would rather take the bull by the horns (as you have shown you are perfectly capable of), you would call Sessoms and Rogers to get the payment set up since they are, in all likelihood, under contract with Barclay to continue collection.
I should add that it may be possible to settle the debt for less than the full 3992.00 pay off amount. If this is a possibility for you, what amount do you think you could pull together to knock this debt down?
Thanks for the quick response! It is Barclays. I can come up with probably about $1000 … was thinking of offering 1/2, but have no idea how that would turn out.
Jay – Offering half in a situation like you briefly outlined can get this Barclay credit card debt put to rest. But there are often differences with how debt amounts are treated when settling for less. To get a deeper understanding of how smaller balance debts are sometimes viewed read what I wrote on the topic here: https://consumerrecoverynetwork.com/credit-card-debt-to-include-in-settlement-plan
I want to point this out because I see what I cover in the linked article even more when applied to small balance credit card debts that are placed with attorneys for collection.
I should also point out that I see active lawsuits settled for 50% or less. I just settled one for about 40% last week, but it was with a large debt buyer, not Barclay.
Start low, but be prepared to settle higher than half.
You mentioned not having received anything but monthly statements and a generic contract to support the collection. A good collection defense attorney would have angles to progress with on these and other areas. Retaining an attorney to assist on this type of balance, when you are already prepared to settle for half, and where there are no guarantees for a positive outcome, could make settling for a couple hundred more than you would have wanted to make sense from a cost perspective.
Wondering if you resolved this with sessoms… I am in a similar situation, although I “owe” less. Headed to arbitration next week and hoping to settle prior to that… I “owe” about $1800, hoping to squeeze out with a lump sum settlement somehow (crossing fingers).
I also have not been provided a contract that I signed, just several monthly statements and a “copy of application” … any advice?
Thank you!
Jay – I do not know if Andrea subscribed herself to this page in order to get new comments via email.
Is Sessoms and Rogers trying to collect on a Barclays credit card debt with you? If not collecting on a Barclay debt, who is the debt owed to?
What amount of money can you come up with to settle the debt?
The credit counseling agency is CCCS of Denver. Barclay’s wanted me to participate in their in-house program so I did that and completed the program successfully. After the program ended, I asked if I could extend the program because my unemployment benefits had ended and I still had not found work, they said they could not do it. They then told me a minimum amount they could except as a payment and it was outrageous. At that point, I threw my hands up and just stopped paying.
I do not have money for an attorney and also do not have money to pay Sessoms a lump sum. The debt is mine and I don’t mind paying it, but I have not been shown any proof of the actual amount I actually owe (they have not provided me with this). They lowered the debt amount by 20% but said it had to be paid in 4 payments which is a little over $1,000 a month, I can’t afford that. I am willing to pay the reduced amount but make payments on it, they refused that offer so I said I’ll see them at arbitration then. You mentioned that in the state of NC, a law was passed that they must show accounting/documentation of the credit card contract, do you know where I could find this? I live in Raleigh, NC.
I called Sessoms this morning to request an extension on My responses to their Admissions and Interrogatories, they have given me until Monday, November 26th.
Thanks for getting back to me so promptly. Below are the answers to your question:
1. Credit card bank is Barclay’s
2. I owe $5k total including their attorney fees
3. Original credit card bank is suing
4. Law firm is Sessoms & Rogers
5. Last payment was made in 2010
6. I am not behind on other cards because I have been with a CCCS since 2009 when I was
laid off, Barclay’s refused to participate with the program. 1 out of 5 of my cards that was
In the program are now paid off, Barclay’s could have been too.
7. Discovery was due November 10th, I spoke with them around Nov 1st. We could not
agree on a payment amount, nor do I know if the amount is accurate, they have never
shown me anything with my full account number on it or a statement/contract.
8. Arbitration is set for November 29th.
It is interesting that Barclay did not want to participate in the credit counseling repayment plan. They normally do. Who is the credit counseling service you are working through?
Settling the debt with Sessoms and Rogers should not be complicated if you have the ability to come up with a lump sum. Is that what you are wanting to do, or are you in a situation where you are looking to negotiate an affordable monthly payments?
I am focusing on the settling or negotiating payment aspect for a couple of reasons.
Sessoms and Rogers are experienced debt collection attorneys. You are wading into uncharted territory. In order to make a good showing in defending against the suit and the arbitration that is progressing, you would want an attorney working with you. That has a cost. Perhaps that cost would be better spent resolving the Barclays debt. That said, having an attorney on your side to file appropriate and well crafted responses could also lead to an affordable settlement without the ongoing expense of fighting the action (the longer the fight to try to get it dismissed, the larger the cost). An experienced consumer attorney on your side may even see holes in the case that cannot be fixed right out of the gate.
I get arguing for an accurate accounting, documents showing the account in full and the governing contract for the credit card. Those are very real and effective things to demand. Especially in North Carolina due to laws passed a couple years ago that require all of that be brought forward in a debt buyers collection attempt using the courts.
Let me know what amount you would be able to settle this for in a lump sum and I may have some helpful tips to share. Also let me know if you would like for me to send you an email with contact information for an experienced and often affordable consumer attorney that you can consult with. What part of North Carolina are you in?
Sesssoms & Rogers are throat cutters. Be careful. I went thru arbitration and the amount was wrong and the arbitration here in NC said that i did not have the right to ask for the signed contract proving it was my card and that the ‘statute of limitations’ was up for ME to ask for a listing of charges on the card except for the past 18 months. and they won for Bank of America. Sessoms & Rogers send a 1 inch packet of forms to my house in the USPS and over 3/4 of the packet was blank and the backs of statements and showed that to the court.