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 Bovee
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Michael 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, and is a regular contributor to several personal finance websites.
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.