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.