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.
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?
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