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?