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.
Michael,
I was served with a “Notice of Rights to Have Exemptions” form. Is there a way to talk to you not on this forum. I am highly confused by this document and it arrived with no notification of suit, or judgement amount.
You can fill in the talk to Michael form in the right column. When I see that I email you to set up a time for a phone call.
Michael, I received a summons yesterday because Sessoms and Rogers is suing me on behalf of Citi for an old credit card debt of $5,600. If I want to come to some sort of settlement with them where I pay them so much every month, what amount should I offer every month? Honestly, $100 or less a month wouldn’t hurt me that bad, anything more would cause a severe strain on me. I’m a public school teacher here in NC and i’m nearing the completion of my doctoral studies, so money is tight.
Thanks for your help.
Who is the named plaintiff in the lawsuit against you? I want to determine if Citibank sold the account to someone (they do that more and more now).
Hey Michael, the plaintiff is Unifund CCR,LLC.
When is the last time you paid Citibank?
On the account records that I was served, along with the lawsuit, it says my last payment date was 6/25/2013.
Are those original account statements from Citibank, or just something the attorney put in the complaint?
In the large stack of papers they sent me, “exhibit 1” shows the last payment date as 6/25/13, default date was 8/9/13 and charge off date was 2/12/14.
Then there are attached copies of statements that look like copies of bills from Citi that show my last payment was 6/25/13.
Thanks. The Statute of Limitations in North Carolina to sue on credit card debts is 3 years since the last payment. If they filed the lawsuit in court several months ago than they appear to have beaten the clock. If they filed after, you can respond to the court with the SOL defense.
Unifund is not known for flexibility until they try to collect in other ways. You cannot have your wages garnished in North Carolina, but your bank accounts are at risk, and liens on property are common. In other words, it can be tough to get Sessoms and Rogers to agree to that low of a monthly payment. And what you do agree to at this early stage will often come with your having to sing off on a consent or stipulation to judgment.
Look up the original filing date in the court record.
Thank you. Where would I find the original filing date and/court records?
The court docket where you are being sued. The first entry is often going to be the date Sessoms and Rogers filed the lawsuit.
Sorry for my ignorance, but would this be on the correspondence the sheriff delivered to me? I don’t think NC has the court docket online.
Michael, thank you so very much for the helpful info. I called the court and they told me the lawsuit was filed on 07/25/2016.
Talk with a debt collection defense attorney about how an SOL defense to the suit would work given all the details. I can email you a list of attorneys with the experience you need if you like?
Yes please.
I would like to negotiate a settlement with Sessoms and Roger’s. They have 2 accounts totalling close to $41,000. They are holding the account with Broad Street Asset Management who purchased it from PenFed. They have a arbitration date set for next month.
Click the get debt help tab in the upper right corner and fill in your user profile. You can submit for help and a negotiator can be assigned to your account right away.
There is a 15% of savings fee for the assistance (an attorney partner in our network is the same fee as a non attorney expert).
How prepared are you to pay a settlement in a lump sum?
I owed three debts of $1200, $1300 and $3600. After being served a complaint on all three and responding to the complaints that all three bedismissed for lack of original signed contract, S&R served me discovery on all three. Before the 30 days was up I called S&R and negotiated them I to $20 for each of the lesser debts and $45 a month for the$3600 debt. I signed confession of judgements on all three.
I was laid off in August and they reduced my payments to $10 and $20 respectively. Now I am going to see how much they are willing to settle for. I’m shooting for $1500 for the whole lot. I will keep you updated.
MICHAEL,
I HAVE BEEN SERVED A COMPLAINT BY SESSOM ROGERS, the problem is i have been working with the dept of ed about resolving this because i am disabled for 11 months now. they are still process the paperwork and over this time has requested various forms and records. my problem is while i am waiting for the loans to be forgiven i have since been sued for the money even though they know that I have applied to have the loans forgiven. I have nothing so if they sue me what is that going to accomplish? also they are fully aware and so has the attorneys office of the paperwork to have them forgiven. DONT KNOW WHAT TO DO. I do understand i only have 30 days to respond. just dont know if i should write a letter of if it has to be forms
You will likely want to file an answer to the complaint. That will buy you time to get through the processes you are going through. Look for a low income legal aid office in your area for help.
I was served papers from Sessoms and Rogers for $5000.00. I want to try and negotiate this and make monthly payments. I was served five days ago. Just wondering what the next step is. Do i call and negotiate or do that when i send an answer back and what so the answer look like? thanks
How much money can you come up with in a week or so to offer as a settlement?
Who is Sessoms and Rogers working for?
I owed credit card debt of $1,595 to Barclays Bank. I have been unable to keep up with the payment when I fell on hard times. Now Sessoms & Rogers PA of Durham, NC a collection law office handles the debt. Sessoms & Rogers filed a Civil Summons to Chatham County, NC. “A civil action has been commenced against me”. In response, I filed a letter asking the debt to be reduced to $800 with monthly payment of $66.67/month over the next 12 months. The law firm replied to reduce the debt to $1,197 based on the following terms:
– $99.75/month beginning 9/16/2016
-$99.75 once on 8/16/2017
– a signed Confession of Judgment
Upon receipt of the original signed, notarized Confession of Judgment, the Plaintiff agrees to dismiss the previously filed action, with Chatham County, Case xxxxx , and to hold this Confession of Judgment in trust as security for the aforementioned payment agreement.
Payment may be made online to the Law Firm website or by check. This arrangement is a settlement, not a payment in full. The account is considered settled for less than the full balance. Barclay will send notification to the credit reporting agencies to reflect the settlement.
Should I sign the Confession of Judgment and start to make the monthly payment? Is there anything I need to do?
That is a really good outcome Jenn, and with Sessoms to boot!
Did you simply send the offer and they countered, or did you include your hardship or other description of an inability to pay?
Signing the confession and following through with the payments is what you will want to do. There is really nothing else needed. It is standard stuff. But it is smart to run your situation by your own attorney.
Thank you so much for your quick reply. I did send my offer with copies to verify of hardship and lost of job paperwork. Again, I really appreciate your website to help low income people like me. Now I can breathe without fear. Sincerely,
Hi Michael,
I received a summons on July 6 from Seasons & Rogers regarding cc debt from Bank of America in the amount of $8,143. I have 30 days to respond. Do I respond by writing a letter? If so, what should be included and how long should it be? I’ve never had this happen so I’m extremely nervous because I don’t want my wages or accounts garnished. Do you think they would settle? If so, what is a reasonable amount to offer as a settlement? This is my fault. I was laid off during the time. Please advise. I live in Charlotte. Thanks
You are typically better off filing an answer to the complaint and negotiating the settlement with them after that. It is less pressure and often lends to a better outcome.
It is better to work with a professional in this circumstance. If you would like to connect for a quick consult for more details about what I would do in your situation fill out the Talk to Michael form in the right column of this page. I will email you to set up a time to talk on the phone when I get that form submission. You can also call me at 800-939-8357, ext 2.
Thanks so much. I will complete the form to connect with you. It’s there a charge? My 30th day is approaching… not sure which date on the summons is the starting one.
Consults are no charge. The date for you to count from in order to file a timely answer is normally the day you were served (not the day they filed it with the court).
In 2012 my husband and I employed the services of Care One debt relief services. We were able to consolidate and successfully pay all of our debt with the exception of a Discover credit card in my name. Shortly after the representatives at Care One contacted Discover concerning our debt, I received a summons that they were taking me to court. Care One provided me with an attorney who helped walk me through the process of filing the necessary paperwork. A judgement was entered against me in the amount of $8356.91. In 2014 I received a letter from the law firm Sessoms and Rogers out of Durham, NC. I contacted them and tried to negotiate a payment plan which they refused all of my offers. I could not afford the $600 a month payment they were seeking at the time because my husband had recently lost his job. I have not heard anything from them since yet my husband and I are in a position financially to offer them a settlement for the debt which is now close to $12,000.
Should we contact a lawyer to do the negogiations for us or can we do it ourselves?
You can negotiate with Sessoms and Rogers yourself. There are instances where working with a pro can improve the outcome in a situation like yours. If you would like to talk it over before you decide what to do you can fill out the consult form at the top of the page or call me next week.
Your realistic settlement targets with Sessoms and Rogers can vary depending on how collectable they view you. Here is a good video where I cover what debt collectors can see about you.
Hi Michael, I had a judgement filed on me in 2011 from Roger and sessom. I never contacted them or went to court and haven’t heard from them about it. Credit is clear accept that judgment. And I have a score of 660. The debt showing on my credit is 2100. I wanted to know if it is worth trying to settle with them after so long. I don’t have the money to pay it all but could do half. I want my credit to show that it is paid.
You will want to settle with Sessoms and Rogers when you can. The judgment does not go away after it falls off your credit reports. They can still take money out of your bank account, and it will still prevent home loans and the like.
If you have 50% now, but they won’t budge off of, say 65%, can you get the additional money you need quickly?
Yes. If I’m only doing a percentage of the balance do I have any room to negotiate how they report it on my credit.
No room to negotiate anything on your credit reports… not even if you paid them double what you owe. They should file a satisfaction of judgment with the court and that will update to your credit reports. A paid or satisfied judgment on your credit is not going to hold you back from too many things credit wise.
Sessoms and Rogers have a judgenent against me and in working with the sheriff they levied my bank account. The original creditor was Wells Fargo and then sold to coach loc being represented by sessoms and Rogers. After they froze my bank account I have been contacting them and the sheriff to make a settlement. They are not happy with my settlement amount Is what the sheriff told me. I have pleaded and pleaded and the sheriff finally told me they can consider my settlement if I send a letter detailing why I couldn’t make the payment and why I can’t pay it now. They also want my income information compared to my bills and a latest copy of my credit report which I’m really skeptical about. I wonder if I should get with an attorney or proceed with providing them those information. I will really appreciate your advise because I will like to get this over with thanks.
How much is it you still owe?
How much are you offering to settle?
Does the information they are requesting support your inability to pay?
I just got a civil summons from sessoms for Barclay for $2855.56. I don’t know what to do this is the only card I have that is behind the account was closed so I cut the card up after I got the statement it was closed I never got a bill. It was simply an oversight on my part I have paperless billing on all my cards and are all paid on time. What should I do?
Are you in a position to offer a lump sum settlement to Sessoms and Rogers?
I am not sure if you can even follow this mess but here goes:
I took in my husbands aunt, apparently she has debts to BOA and Discover the amounts are crazy high but I am not sure of an exact.
Range is $18 & 21k and she was making payments to them via her checking account.
She came to stay with us late 2012 and her account closed so no further payments were made from the account after October, 2012. Not by me, her POA nor by her.
Her debts and home became my issues and the home was signed over to me due to debts owed on it and to me for monies being spent for her care.
Skip to present day…..
The aunt passed away in January of 2016…. Left nothing as she had not prepared.
The house is mine and the attempt to sell for her care and my debt repayment hadn’t gone well.
Her passing I reduced the asking price and found someone right away.
Suddenly the attorney is saying these judgments pop up on her and by law in this state they are liens.
I have been running around like a fool getting conflicting stories as to if the money is even able to collected after all this time?
How the collections Dept has a judgment on my home that wasn’t there when we transferred but is now and also an estate claim also?
I am not sure but based on what research I have read and law I read so far seems like the right to attach has to be acted on, not assumed it was done just because they could and when ever they choose to?
It’s not my debt so settling a judgment for a dead relative shouldn’t mean I get messed over in my own sale?!
I feel like I am being played a little.
S &R is collection for Discover and BOA legal has reclaimed their own file.
I have been waiting weeks to close based on the buyers attorney needs to request the court permission to speak on behalf of, me??? To these collections companies. Ummm ok never heard this before. I am just frustrated and annoyed at the constant bull I end up with or in.
Help?!
I can send you an experienced debt defense attorney to speak with in North Carolina to see what he advises in your situation if you like?
I am not sure I understood your comment clearly. Was she sued and a judgment entered after the title transferred?
Today, 1/29/2016, I received a notice of intent to file legal action in local court from Sessoms & Rogers to collect on an unsecured debt from Beneficial Mortgage Co. of North Carolina/HSBC bought by Atlantic Credit & Finance Special Finance Unit, LLC in the amount of $16,140.20. The last payment made through Beneficial/HSBC was roughly February of 2011. I have thirty days to try to settle or reply to Sessoms & Rogers. I offered them a settlement amount ($5,000) when I had the money, but they would not accept. My first question is whether the 5 year statue of limitiations to collect debt in NC applies here. What recourse do I have other than to appear in court or through arbitration? I have worked only sparingly since defaulting on this loan. The original loan date was May 18, 2006. Thank you for any advice you can provide.
If the last payment was in 2011 than you should be past the 3 year SOL in North Carolina. That could mean that Sessoms and Rogers is violating your rights, and is something I would suggest you discuss with a consumer law attorney in NC that regularly defends collection lawsuits.
I can email you contact details to some attorneys you can call for a no cost consult if you like?
Your recourse could include getting the suit dismissed with prejudice (so you cannot be sued again), and if appropriate, you could counter sue for violations of state and federal collection laws. Many attorneys I know of in NC would handle that counter suit without charging you.
It could also prove important to file complaints against Sessoms and Rogers with the NC attorney general’s office. I know they care a great deal about these kinds of collection issues. The CFPB may like to hear from you too (if Sessoms and Rogers is out of line).
Years ago when I was involved in more customer files than I am now, and when there were many more counselors working with customers, I considered Sessoms and Rogers fair and balanced in the way they went about collecting. If they are suing you out of stat this would be a big step back for them.
Michael,
Thank you so much for that information. I as now digging to find the evidence that the last payment taken by Atlantic Credit was in Feb/March of 2011. I read in your blog that they may try to say that there was activity afterwards, but I do not have any record of it. My husband as legal benefits through his place of employment. We wanted to reach out to them. I believe it is ARAG legal center. Please let me know the names of the attorneys you have in North Carolina that I may consult with. I can also reach out to the CFPB if S&R are out of line. If they say that there was activity and get past the SOL, I would be curious to know the next steps before receiving a summons to appear in court. Also, would it be prudent to remove my name from the joint checking account just in case? Thanks.
I will email someone you can call for a no cost initial consult. You really want to be speaking with an attorney that has debt collection defense experience.
If it were me, I would take my name off of any joint accounts until this is resolved, but only if a judgment is entered in the court record (so not yet).
Thank you for your advice. Doing further research, the SOL will not work in my favor as activity was found after 2011 within 3 years to expire in October. I have initiated consultation with a lawyer. I do have one more question, however: In the case of a judgement lien against my property, will it also affect my husband’s credit if both of us are on the deed? Thanks.
Your husband would have to be named in the lawsuit for his credit report to be impacted.Given what you have shared, no, he should not be impacted.
I just received a motion for summary judgement from sessoms & rogers. In the letter it states that they have enclosed the original and a copy and for me to please file the motion an return the extra to their office. I have already answered one summons and one consent to judgement in which I denied everything. Should I file a third answer denying this as well. I am not filing this motion.
I would urge you to connect with an experienced debt collection defense attorney in North Carolina before doing anything else. I can email you contact details to some if you like? What area of NC are you in?
Hi, I just received a “notice of intent to file legal action” from atty Sessoms and Rogers with Portfolio Recovery. for Best Buy CC that I had 3-4 years ago. I paid my statement on time every month with a balance of like $200 average monthly. However I received a statement for over $600 one month and called to find out why. They said I had charged about $400 of gas in one day at a service station. I disputed this charge as I only used my card in emergencies and had never paid for gas with it. I filed a dispute and refused to pay until they researched to see how my card was used. How can you buy that much gas in one day??? I agreed to pay the $200 and they would not accept. Said they had done research and since the charge was in my same home town would not take the charges off. I haven’t heard from them in years and don’t know how to respond to this atty..
Please advise
—Len
How willing are you to dig your heals in? Is it worth risking a judgment against you and on your credit report? It would be for me, but not everyone will think the same. Settling the debt for as much savings as possible will put this behind you. Fighting it will be a process and involve more time and energy than most realize (if it reaches the courts).
What are you inclined to do?
Hi Michael,
I am currently trying to settle with Sessoms and Rogers before a lawsuit gets filed. Are you familiar with what the bill of sale or whatever it is called would look like? Would it list thousands of account names and account numbers? I just find it hard to believe that debt buyers are easily able to come up with the info after several exchanges. Any ideas? I am in NC. None of the attorneys I have spoken to can give a clear answer. It almost sounds like debt collection attorneys never go to court as they are wishy washy with their responses to many questions.
§ 58-70-150. Complaint of a debt buyer plaintiff must be accompanied by certain materials.
In addition to the requirements of G.S. 58-70-145, in any cause of action initiated by a debt buyer, as that term is defined in G.S. 58-70-15, all of the following materials shall be attached to the complaint or claim:
(1) A copy of the contract or other writing evidencing the original debt, which must contain a signature of the defendant. If a claim is based on credit card debt and no such signed writing evidencing the original debt ever existed, then copies of documents generated when the credit card was actually used must be attached.
(2) A copy of the assignment or other writing establishing that the plaintiff is the owner of the debt. If the debt has been assigned more than once, then each assignment or other writing evidencing transfer of ownership must be attached to establish an unbroken chain of ownership. Each assignment or other writing evidencing transfer of ownership must contain the original account number of the debt purchased and must clearly show the debtor’s name associated with that account number.
Bills of sale will vary in appearance, but the list of accounts you refer to is a pretty common submission.
Who is the debt buyer Sessom and Rogers is working to collect for?
Portfolio. is the debt buyer. I did receive a response from my attorney today and she said the bills of sales generally don’t come with all the account holders names and account numbers listed. Do you think I am misunderstanding the NC statute part where it says: “Each assignment or other writing evidencing transfer of ownership must contain the original account number of the debt purchased and must clearly show the debtor’s name associated with that account number.”
She said usually they attach and affidavit. But that sounds like and affidavit is only sufficient when the attorneys are representing the orgininal creditor. I am so confused.
So you are saying that if the law firms can come up with all the names and account numbers attached to all previous bills of sale or transfer of assignments?
Thanks for response. I am so frustrated.
Something like that. And I understand your frustration. Most of us hit with collection lawsuits that want to effectively defend them are a fish out of water.
Is your attorney representing you in your case with Portfolio Recovery and Sessoms and Rogers? Is she an experienced debt defense attorney?
Has anyone tried to make a physical appointment with this law firm? I too have spent countless hours trying to reach someone. I was thinking of just going there and waiting to try to speak with someone. I live about an hour away. I have just received two letters with notice of “Intent to file a Lawsuit” within 30 days. I can’t pay these debts… advice please? Thank you!
Thank you Michael for such a prompt response. I just return home from 9 am and still no results. This court date was 2007 I pulled the order.. iNo payment activity sines 2000. I just deposit an adoption assistance check for 581.00 and 300 cash from child support and this is the amount garnish. The plaintiff Portfolio Recovery. The sheriff never stated to contest she said ask to speak with a judge. Self serve att gave me paperwork to file article 59 60 and 61 as well as the servicemen entitlement. I’m so confuse discourage and exhausted . Thanks for your time
Sharon
If protections from the service members relief act apply follow up on that right away. If you like I can email you contact info to an experienced debt defense attorney you can consult with at no initial charge to see what else you can do. Are you close to Raleigh?
Thanks Michael please email me the information. I’m located in Charlotte. The deputy informed me on yesterday in order for my funds to be return a judge will need to ruled . What information do you have regarding the fund were a state check from adoption.
Thanks again
My bank account was garnish yesterday by a order from my county which is in nc. A judgement from Sessom and Rogers was issued for a credit card debit from in 1998. I have never receive a corespondent court order absolutely nothing from a sheriff in response to this judgment. After contacting the sheriff she stated a card was left in my front door from the sheriff last week. What can I do my bank accounts is a zero balance and I have transaction pending.
You would typically have to contest the garnishment with the court. Call and find out the formal process for that.
Get a copy of the judgment and post the date it was entered in the court record.
Try to nail down the last payment date on the account (not when you opened it).
Who is the named plaintiff in the lawsuit?
Try to make any arrangements you can to cover any checks you have out or important automatic payment drafts you have coming. If you are able to get the levied funds back in your account, it can take some time.
My bank account was garnish yesterday by a order from my county which is in nc. A judgement from Sessom and Roger was issued for a credit card debit from in 1998. I have never receive a corespondent count order absolutely nothing from a sheriff in response to this judgment. After contacting the sheriff she stated a card was left in my front door from the sheriff last week. What can I do my bank accounts is a zero balance and I have transaction pending.
Michael,
You are providing a tremendous service by running this website. I want to ask you I have set up a lump sum payment with Sessoms & Rogers and I told them I would overnight it to them. I have 7 more days before the deadline they set but have not receive hardcopied correspondence from them on the arrangements. I feel I should wait till I have this literature but my window to take advantage of the lump sum payment is running out. Also, they said they would mark the account as settled for less than the full amount. Will this show the judgment as being satisfied? Thanks for any advice.
If you are settling a judgment with Sessoms and Rogers they will typically update the court record to show a satisfied judgment, and that will get updated to the credit bureaus.
I would feel better sending the payment with documentation in hand too. One way to cover your butt and still send the payment is to call them and record the call (several smart phone apps are helpful in this way) where you would go over all the details that are being agreed to. Tell them you are recording the call and why (the letter has not shown up yet).
I have a question concerning debt collectors and what they can garnish in the State of North Carolina. I am in credit card debt that has gone into collection to a third-party collector. My original creditor was Citibank but it is now bought by Midland Funding LLC. I received a letter from their attorney (Sessoms & Rogers P.A.) stating that Midland Funding intends to file a legal action against me.
I am 69 years old been retired since 2006. The only income I receive is my Social Security in the amount of 1,458.90 A retirement check from BB&T for 68.75 and a retirement check from Belk Store Services for 485.73 and that is all of my income on a monthly basis. I have a 1999 Corolla that is only worth a little. The NC Dept. of Motor Vehicles listed it for tax purposes at 1,670.00 but I don’t think it would be worth that much. I know there is a minimum income that can’t be garnished but in the State of North Carolina I don’t know what the minimum amount is. In my bank account I only have my Social Security deposited in it no other funds go into that account. My retirement checks are sent to me in a paper check.
Check out article 3 of Midland Funding’s Consumer Bill of Rights. I believe you would qualify under that. I would call Midland directly and go over your hardship and limited income details.They may pull the account from Sessoms and Rogers and just sit on it (leave you alone).
Let me know how that goes.
In answer to your question about limits to what judgment creditors like Midland Funding and Sessoms and Rogers can do in North Carolina:
Wages are exempt from garnishment.
Vehicle value of $3,500 is protected and up to $5,000 if no homestead exemption is used.
Home equity of $35,000 is protected and certain elders can protect up to 60k.
Your household goods protections are 5k, but can be protected up to $14,000 (that will depend on the number of dependents and also whether a homestead exemption is claimed).
It is not clear to me how much cash in your bank account is protected, but it appears you can take an unused homestead exemption and apply that to bank levy protections.
Your social security in your bank account is completely protected regardless. I would not mingle any funds in with that account (just like you are doing now).
I call Midland Funding and the guy i talked to (which I could barely understand because he must have been foreigner) just said that he could not help me,and that I would have to call Sessoms & Rogers which I tried to do but they were closed at that time. Do you think that they would even listen to me about the Article 3 of Midland’s Bill of Rights. Do you know if my retirement checks that I get a month that I referred to in my first post is protected in NC. Is there anything that Sessoms & Rogers can do if all my funds are protected or are exempt because as I stated the bank already has a lien on my house.
My retirement checks that I said I get in paper checks I cash and then place on a prepaid debit card from walmart. I believe in NC that retirement checks are protected at the source but let me know for sure. What I’m not sure of is after I put them on a prepaid debit card weather they are still protected or are they subjected to garnishment at that time, please let me know. If they are subject to garnishment at that point would it be better to cash them and hold on to the money instead of putting it on a prepaid debit card.
You should run this concern by an experienced debt collection defense attorney in NC.
As far as I know, the way this paper check to Walmart card thing becomes a subject of discussion with Sessoms and Rogers would only be in an asset discovery hearing or process some time down the road.
I live in Charlotte NC do you know a good debt collection defense attorney in Charlotte.
I will send you an email with the closest attorney I know of with debt defense experience. He is just outside of Charlotte. The majority I know of are more central NC.
I am not certain of how Sessoms and Rogers will view your hardship and fixed income. You had not posted until now about the home, which is an asset that might prevent you from meeting the guidelines. If it were me I would point out the fixed income issue and leave it at that.
It often will not matter to a debt collector that the bank has a lien on your home. They are involved to get a payment from you, or a judgment against you. That judgment can result in a lien. Any prior liens (like for a mortgage or HELOC) are first in line. But the collection judgment Sessoms and Rogers might get could be paid or settled when you go to refinance, or with a title change.
I received a summons from Sessoms and Rogers back in May and I answered it with the help of a sample form with generic type answers in order to buy some time. I now have received a ‘district court civil calendar session’ paper with everyone’s name and who is suing them this particular day. This is set for the end of October..It also states that “You do not have to attend the calendar call if you provide the following information to me at least 10 calendar days before the start if the session”..(a) your contact information; (b) the name and file number of your case; (c) case has been to custody mediation; (d) whether or not you think the case is ready for trial; (e) the expected duration of the trial;(f) any scheduling conflicts you may have….I am not familiar with the court process at all and am kind of confused about it all. I am in NC, am not working, do not have a checking account nor savings account. I do not even own a car. I do owe the debt (appr 2,400) and would be willing to to monthly payments (actually it would be my father because he is currently paying my bills since I have ZERO income right now)..if they refuse the monthly payments what’s the alternative? Do you think they would be willing to even entertain the thought (NOT going to court) of it since we have reached this stage? Also, why does it say I do not have to attend calendar call and what is it, is it the actual trial? When it gave letters a-f, do I have to answer every one if them, how do I know the expected duration of the trial? Thanks for any help and/or advice in advance!!
It sounds like a pretrial conference/case management effort.
You can set up payment arrangements with Sessoms and Rogers but just know that they will probably want you to sign a consent to judgment.
Who is the original creditor? Is that who hired Sessoms and Rogers, or is this an account with a debt buyer? If a debt buyer, who is it?
So just for FYI, if any of you guys have to deal with sessoms and rogers, yes and they will sue, because I did get a civil summons from them. Yes, they have all their ducks in a row because whenever I ask for any paper work they were able to provide it to me asap. I contacted them today again regarding our current negotiations, these were our terms:
account 1: Portfolio Recovery Associates total: 1211.82
monthly agreement: 50 dollars -2years
account 2: Midland funding total: 2276.36
monthly agreement: 50 dollars- 3yrs 7months
account 3: Midland funding total: 3041.17
monthly agreement: 62.50 dollars- 4years
I can pay more if I have made a little more that month, so it would cut down the time, and I can always call them to give them a counteroffer for a lesser amount anytime. She also stated that if I ever came to a point were I cannot pay, just give them a call they will work with me as to were I could only pay 20 dollars per account for that month. She also said that even if after the 30th they still have not received my payment they will contact me first before jumping to any legal action, this is even after signing a confession of judgement, I’m sure they want to avoid court as well. We made these payment setup for the 30th of the month so that way I have all month to pay. My first payment would be the 30th of this month, just 20 dollars an account, just because I still want to review the confession of judgement with a lawyer since it was a legal document.
I thought that the negotiation was pretty fair, considering how much I owe, and how long they are willing to let me make payments on these account. Do you have any advice? is this a pretty fair deal? Either way when you talk to a debt collector, you just have to be honest, calm and willing to work with them and not mad, because at the end of the day it is your debt.
You did a great job getting the Sessoms and Rogers to work with you on a payment plan within your budget and abilities.
My preference is to negotiate lump sum payoffs in these situations, but I know that is not workable for many of us. Getting the agreement documented will prevent later headaches when sued and a judgment is out there that can be collected on through liens, bank levies, and wage garnishments (not in North Carolina though, as wages cannot be garnished for most types of debts).
I really like what you shared about keeping an even and smooth frame of of mind through the process, and that calling Sessoms and Rogers directly is not something to fear.
Hey Michael, since I last posted, I contacted sessoms and rogers and offer a monthly total of 150 for an balance of around 6500 total, they counter offer 175 instead, however when i agreed, they wanted me to make an agreement to pay before they will send me the letter to get notarized, she said the letter was called “confession of judgment agree to hold as long as I adhere to judgment” what is that and how should I approached this? Also I got my civil summons from them today, how do I respond to that?Â
Any information on how to approach this would be great thanks.
Your consenting or stipulating to a judgment is basically handing Sessoms and Rogers their case to them. I do suggest you connect with an experienced debt collection defense attorney in your state for their feedback. You would typically be giving up some rights to challenge the debt, and they would often be able to file the judgment and move to extra ordinary collection options (like bank account levy and property liens), but only if you miss an agreed upon payment.
If you are signing off on the consent to judgment with Sessoms and Rogers you would generally not be filing an answer to the complaint you were served with. You would typically be filing an answer in order to deny their claims in part, or fully, and otherwise defend the case. There are good reasons to do that, but also good reason to accept the payment arrangement with a stipulated judgment.
So I just received a NOTICE OF INTENT TO FILE LEGAL ACTION IN — COUNTY DISTRICT COURT from Sessoms and Rogers Representing Midland funding in the amount of 2276, what would you recommend for my next step? Please help I want to stay out of court. Thanks.
You will need to call Sessoms and Rogers in order to negotiate a deal you can fund, and that they will accept, in order to avoid court.
Do you have other bills in collection besides the one Sessoms and Rogers are collecting?
Are you paying other debts on time? If so, how many and do those accounts show on your credit reports?
You can call me for a consultation at 800-939-8357, choose option 2. I can cover a good bit more with you offline.
Yes, I have other debt in collections, no I quit paying on them because I had kids and couldn’t afford the payments anymore… I reply by asking for them to validate the debt, and to show me my agreement with my signature, transfer documents to show that midland has purchased the account which would give them the right to sue, and the bill from zero to present… was I okay to ask for these?
I just wanted to comment because I just settled a judgement with Sessoms and Rogers thrugh Portfolio Recorvery. Ive learned A LOT about both companies.
#1 dont let it go to court. Just dont. If you can catch it when it gets in to Portfolio Recoverys hands. You should. Once it gets passed to Sessoms… Portfolio Can offer you nothing else and the ability to pay off becomes almost impossible. Portfolio will no longer even SPEAK to you.
#2 Once it gets to Sessoms, your balance will SKY ROCKET. I had a debt that was 800.00 MAX. By the time Sessoms got it, it was 1800 judgement.
#3 Sessoms will NOT take a small smount as settlement. Prepare to pay about 60% of the balance or more.
#4 if Sessoms offers a settlement, be prepared to pay it by the date.. or all bets are off. I was offered a settlement,and called two days after the date that was given.. and the settlement amount went up $200.
#5 Don’t expect to speak to anyone right away…. you will often get a voicemail,, and if you do offer a settlement.. they will have to “get back to you”.
#6 DEAL with Porfolio if you can.. Period.
#7 Portfolio will take you to court. Even for the small amounts.
#8 Avoid a jugment with Sessoms. Trust me.
This are the things I can vouch for. Don’t be like me and assume that its just going on your credit and its over. Don’t let go of a chance to settle an amount with either the actual Bank or Portfolio… once it gets to Sessoms… they dont seem to want your money.
Emily, Did you go to court? Did Portfolio Recovery have a signed copy of your contract or signed original receipts as required of Junk Debt Buyers in NC? Or did you let them get a default judgment?
I am not clear on the requirement for a signed copy of the credit card agreement nor signed copy of the credit card sales receipts. Anyone curious about whether the threshold of best evidence in North Carolina requires signed versions of either/both should connect with an experienced debt collection defense attorney in NC. I can help you locate one that offers a no cost consultation if you like.
Can you recommend debt collection defense attorney in NC. Please
Thank you
Hi-
My husband and I have had some debt for quite a long time and had two judgement liens filed against us by Sessom & Rogers for Cach LLC & Portfolio Recovery. They were both filed in 2009. I know it is common for debts to leave your credit report after 7 years. We recently tried to see if we could qualify for any kind of mortgage and our bank said we wouldn’t be able to get a loan with a judgement lien against us. They also said it is common for collectors to renew the liens after they expire. Have you found this to be true in your study/experience? The total interest for Cach has grown the balance from about $6000 to $9800. We feel this is extremely aggressive. What would be our first step in trying to remove the lien?
Absolutely, it is simple and consumes next to no time to renew an existing judgment. It is unlikely for judgment creditors to let slip a renewal deadline.
Sessom and Rogers being collection attorneys in North Carolina, I assume your judgment is in an NC court. Judgement interest is capped at 8 percent in North Carolina. That is actually pretty fair compared to some other states, so not aggressive all things considered.
Unless you have a deficiency in the how the judgment came to be to try and pick apart (which would likely require an experienced attorney of your own, so will have a cost to calculate), my first step to resolve the lien in order to qualify for a home loan would be to negotiate a lower payoff.
Bankruptcy would work to remove the lien too. Just be ready to wait 2 or more years to get approved for FHA type of home loan underwriting after a chapter 7 discharge of the judgments.
Already did…not going to talk to someone over phone rather do it in person …I will find my own bankruptcy attorney in the area. Thx
I like the face to face meeting too. A good resource to look for someone near you would be NACBA. They are the largest group of bankruptcy attorneys nationwide, and you can go to that page and do a search by zip code and see all of their member attorneys near you.
Your comment also reminds that I have been meaning to do a post about how to interview your bankruptcy attorney (they are not all created equal in my experience).
You were right the cost of bankruptcy compared to defending this one lawsuit is about the same. My husband and I both have a combined debt of 48000 in past due debts. We are filing chapter 7 and will be able to keep everything including the home and vehicles because of homestead exemptions vehicle exemptions and the wildcard exemption. A new befinning…thanks for your help
That is good to hear.
Can you do me a huge favor Aletha? Would you mind reading the article I just put up about finding and interviewing a chapter 7 bankruptcy attorney and posting a comment about what ever comes to mind with your experience? The article is here: https://consumerrecoverynetwork.com/find-bankruptcy-attorney/
Over time, many people will read that article and benefit from what you share about your personal experiences leading up to the decision to look into, and then contact an attorney, and what you felt was important to you through the process.
Can you please email a few good bankruptcy attorneys in the raleigh durham NC area
Call my hotline during normal business hours 800-939-8357 and press option 3 to speak with a bankruptcy professional. If you need to file, they can connect you with local resources.
And I did find a bank statement that said our last payment to Beneficial was 6/22/2012…so SOL has not run out yet…
Have an old debt from Beneficial for 9463.00. My credit report states my last payment was made in 2/2007, but I think it was later than that. I live in The Raleigh NC area. I know the SOL in Nc is 3 years. Today I got a letter from Sessoms and Rogers, PA saying there client Atlantic Credit and Finance Special Finance Unit has hired them to collect this debt. It is not a summons yet but I heard these folks play hardball.
Can you please explain to me what I should do next…answer the 30 day debt validation? Or call an attorney, or wait? If you know any attorneys in the Raleigh/Durham area please email me them.
Your next step should be based on that last payment date. If the 3 years to legitimately sue has passed, your options can factor in less urgency to come up with a plan to resolve the debt. If it has been less than 3 years since your last payment on the account, and given your account has been placed with Sessoms and Rogers (a collection attorney office with a reputation for suing in North Carolina), there are real concerns this lands in court.
Sending a debt validation request letter to Sessoms and Rogers is likely going to buy you a few weeks. Calling an attorney with debt collection defense experience, before you have been sued, is premature.
What are your goals for resolving the account (negotiate a settlement, defend any suit)?
I want to settle if possible but there is no way I can come up with any lump sum and from what I have read S and R law is hard to deal with. They do not return calls and basically want to sue. My husband lost his job last week and things will be tough. We have basically nothing but our house. We have other debts that total around the 35000 area. We are considering bankruptcy at this point. Please do send some attorneys in the raleigh area.
Call my hotline tomorrow at 800-939-8357, option five will connect you to debt defense resources. If you have not spoken with a bankruptcy professional yet, option 3 will connect you.
If you qualify for chapter 7 bankruptcy, and your situation is not complicated (many assets and financial interests), you may be able to be in and out of chapter 7 for the cost of defending this one lawsuit. And you get the benefit of putting all of the debts behind you.
Thank you
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.