Filing your response with the court in order to negotiate a lower payoff when sued.
I have an unsettled debt from May 2008 and I was served papers today. I'm unsure how to write a response to the served papers so I can negotiate a lower price. Do I even have to do a response in order to negotiate?
The amount I'm being sued for is 993 dollars. Any advice or help is much appreciated.
How do i write a response in order to negotiate the debt?
—lisa
It is not necessary to file an answer or response to a lawsuit you were recently served with in order to call and negotiate a payoff. It can prove to be a motivator for the plaintiff to settle for a more favorable amount, or at all. Filing the answer can also lead to more cost in a settlement if they never intend to settle, but instead have every intention of taking the case through to judgment (due to attorney fees etc). Many creditors and collection attorneys have softened from that practice shortly after the economy took a dive.
Filing your answer and response for a better settlement payoff or payment plan.
It is always best to work with your own experienced collection defense attorney when you are involved in a legal action. But I understand doing so can be cost prohibitive, and even make no sense at all if the balance you are being sued for is fairly small. Your balance being as low as it is, unless you can qualify for low income legal aid or some other form of pro bono legal support, it can make more sense to settle now, before letting this progress any further.
You can call the attorney suing you and open up a conversation about settling the case for less. Just be prepared for less flexibility on a debt this size.
What state do you live in?
Who is the attorney suing, and who do they work for (the name of the plaintiff)?
Who was the original creditor and was your last payment made in May 08?
Post answers to my questions using the comment box below. I will have some additional feedback to offer from there. It may indeed be a good strategy to file an answer to the complaint first, before making any call to negotiate the pay off amount.
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.
My last day to file a response to the court is April 7, 2020. But on March 30th I called Midland funding and I’m already on a payment plan to pay off my debt. Am I still required to file the response? Will I have a judgment against me if I don’t do it although I’m already paying it off?
This reply is not on time for Stephanie, but for other readers, if you are sued and settle with monthly payments, or go on a payment plan for the balance, you typically sign a stipulation or consent to judgment. When you do that, it typically would serve as your formal response. Talk to a local experienced debt collection consumer law attorney though, to make sure.
Today is the last day to file an answer. I have settled with the creditor. Can I still get a judgement against me? Should I answer to avoid judgement?
What were the terms of the settlement? Did you pay a lump sum? Is the agreement in writing?
Why wont Portfolio recovery allow me to talk to the attorney on my summons
Not sure. What is it you are trying to accomplish?
I have a lawsuit filled against me by portfolio recovery. We have worked out a payment plan, and they took $500.00 first payment out of my checking account, with four ore payments after that is the plan. I’ve asked for this in writing . I have not answered the summons to the court yet. The number for the lawyer on the summons is to portfolio recovery, when I call to talk to him regarding having this in writing they will not let me talk to him. They tell me the papers are going to be sent that day. But still no papers and my time to respond to the court is running out. So how should I respond to the summons with the court. Do i have to still respond to the court if i have a payment plan set up with portfolio recovey will they withdraw the lawsuit now. Or should i send my answer to the court with my bank statement showing the first payment they took out allready. PLEASE HELP
The paperwork is likely a consent or stipulation to judgment, not showing they are dropping anything. That is normal when you agree to a monthly payment plan once sued.
Dear Michael,
My last credit card payments before default were made October – December 2012… I hired a very dishonest attorney who filed a chapter 13 without my agreeing to it or seeing the petitions… I was in this phony Bankruptcy from May 2013-March of 2014. I took this attorney to court and had his fees disgorged. The judge dismissed the bankruptcy. No payments were ever made since I never saw any petitions. Now four years later Portfolio recovery has sent letters for collection. Since the bankruptcy was dishonest does it count toward tolling of the debt or will the late payments actually remain when last actual payments were made in Oct-December of 2012, which I hope is the case since the SOL is at 4 years soon. Also the Portfolio Recovery said they bought the debt in June of 2013, I was in Chapter 13 at that time so how could they have bought the debt? Even though I did not realize the dishonest attorney filed without my approval the documents were filed in court and the record states a Bankruptcy was filed May of 2013. The Bankruptcy was dismissed March of 2014.
Thank you for your help.
Accounts that are in chapter 13 bankruptcy are regularly sold by some creditors, or at least have been to date. And Portfolio Recover Associates is a regular buyer of chapter 13 accounts. This has been a normal occurrence, though it is changing as we speak. That will not help someone with 2012 accounts in a 13.
I do think the tolling is working against you, and regardless of the way your chapter 13 went down. You could talk to an experienced debt collection defense attorney in your state to be certain.
I know from several letters from attorneys that I have been sued by Portfolio Recovery Associates for the sum of $1,582.96 The original creditor was Synchrony Bank. I have not received any thing from the court, so I supposed that I have not being served yet. I want to settle out the court, should I call PRA’ attorneys or wait until I get notice from the court. I do not know what to do, please I need your advice,
If you want to negotiate a settlement I would start by calling the attorney that filed the lawsuit, Negotiate a lump sum pay off, and be sure the withdraw the case.
I am a partner in a business that has defaulted on a business loan from chase for$270,000. The business is closed after selling off assets we gave it all to chase we still owe$220,000
My partner is filing personal bankruptcy . We signed personal guarantees I offered 25% of the amount chase refused and is looking for a judgement I have another job but am paying off a heloc and other mortgage ? I cannot file bankruptcy but another loan will hurt me .will chase eventually settle with me on something that I can afford? I own the home with my wife will they go after it.
I responded to you on the other thread too, but here you reference a court action. Have you been sued as of right now, if so when? If you have not been sued yet, who gave you the impression that was going to happen?
I am being sued by PRA the debt is 1616.32 from a HOME DEPOT credit card. I don’t know what to do, it says i have 14 days to reply to them. What happens if I completely ignore this and don’t reply or show up to court?
You will end up with a default judgment. You will want to understand more about that by reading here: https://consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/
What is preventing you from addressing the issue head on?
Court papers was served on my mother while I was at work. The debt is $1234. Not sure for what company that originate the debt. Notice my name was incorrect on the court doc so. They want me to go to court on the following Tuesday. Do I need a lawyer? Should I show up?
It is just smart to consult with an experienced debt collection defense attorney when you are sued. You may not hire one with a balance this low, as the attorney fees could exceed what you could pay to settle the lawsuit, but it helps to get a grip on what your rights are, and your options moving forward.
You should be able to tell from the lawsuit who is suing you, and what the original debt was about. If you do not recognize the debt at all,and they have your name wrong, this could be an error, which is even more reason to speak with the right attorney.
How wrong did they get your name?
I was just served for credit card debt. The creditor is Bank of America and the suit was filed by a local attorney. I have 30 days to file an answer. The amount is under $3000 and I have no problem paying this. In fact I’d prefer to just pay it. But I’m not sure if I should call BoA or call the lawyer? If the answer is I should contact the lawyer should I call them or submit the offer to pay the amount in writing? Would the lawyer prefer to have it settled? And if the lawyer accepts the payoff in full, do I still need to file an answer?
The lawyer prefers payment.
Make sure you go about resolving the lawsuit in a manner that gets the case dismissed. You do not want to go through the cost and effort to pay this old debt and then still end up with a judgment on your credit report.
I prefer the hone in these situations over mailing settlement offers. You should get the final deal in writing before you pay the attorney.
Are you comfortable doing this for yourself?
I can call. I know I need to have in writing:
1. Written documentation that the debt is now Paid In Full. That BoA will take no other action against me.
2. The lawsuit will be dropped immediately upon payment. Case dismissed.
3. That BoA will be just as diligent at reporting I paid the debt as they’ve been in reporting I haven’t. I need them to report the debt is paid.
As for comfortable doing it myself? I’d love to hand it over to a lawyer to settle it with their attorney, but if I pay the debt in full, there isn’t a lot of money left over for me to pay a lawyer. And if I can’t get this done before the 30 days are over, I’ll have to file that Answer where I’ll have to say “I don’t know” to an amount I’d rather pay.
Some attorneys flat rate something like this with an affordable fee, but it sounds like you are up to it.
You do not need to get overly hung up on negotiating Bank of America to update your credit reports as paid. They have to do that.
Can you double check for me and make sure that either BofA or FIA is the named plaintiff on the complaint/summons you were served with?
Yes, it is BofA. There is a local address. And I have their local attorney address as well on the papers.
If it’s an affordable flat fee, I might look around for an attorney—depending on the definition of affordable. And thanks for the advice on not asking them about the credit report. That helps.
Being sued by PRA for $4600 and they have filed a pretrial case for June and I have offered several times $1500 in one sum and nobody has agreed there. I have even wrote the attorney and asked as well as told them it would be gifted from family. My goal is to do away with the debt and move on to better credit and bankruptcy is not an option for me after consulting with an attorney he felt settling is best.
You would have a better shot of settling this pretrial with PRA if you were offering 50 percent or more. Do you have a shot at pulling that much together?
You may be able to negotiate for less closer to the trial date, and if you have done enough in your case so far to give an impression that you are going to go the distance and maybe even get a dismissal. How does your case look? Have you consulted with an experienced debt defense attorney?
So today I was served papers that I am being sued by Ahn H. Regent and associates. I only have 14 days from the date of this notice to respond. My credit carf was originally from U.S. Bank. I lived in Ohio but moved to Texas and ended not being able to pay due to personal circumstances. The amount I am being sued for is $5400. I was wondering your opinion on if I should try and call them to settle or first get an attorney and then file a response. The unfortunate side of this story is that I just got laid off a month ago. If I do call and try and settle, what amount should I offer them based on the amount I owe. What would they consider reasonable? Please help.
What is the name of the plaintiff suing if different than US bank?
Sometimes best case on settlements once sued are 50 percent. But if you answer the complaint, and even vigorously defend, you can often get a better settlement outcome.
Thanks, Michael, for this post.
Earlier this week, I learned that the law firm handling the collections of my home equity line of credit which was charged off last year has filed a case against me for breech of contract. I haven’t been served yet – the reason I know about it is that I got letters from attorneys seeking to represent me.
I AM tempted to do this on my own, but your post makes sense. I had hoped to answer the summons and still try to negotiate a settlement. Even if a judgement was entered against me, it doesn’t seem like the end of the world, since in Illinois, the maximum wage garnishment is 15%. At that rate and my current salary, it would take about 10 years for the judgement to be satisfied. I don’t really have any assets that can be levied…
I had contacted you a while back about this, when I first began to think it could get to a court case, and you gave me names of some lawyers in my area to talk to. I did talk to two of them and they seemed pretty good, but said to contact them again if/when I got sued.
May I ask how you came to suggest these lawyers? How did you determine that they would be good for my situation? Also — I had told you that I live in Chicago, which is true, but all of the lawyers you suggested were downtown lawyers. Do you have any suggestions for any that are closer to me since I live on the far NW side of the city (zip code 60631)? Getting downtown can take an hour from where I live.
Ed – I typically refer people to consumer law attorneys that are members of the National Association of Consumer Advocates (NACA). There are a host of reasons why I look for NACA membership first, if I do not already know attorneys with consumer law focus in their practice local to the reader in need. It would take an article to explain those reasons.
Briefly, NACA members only practice consumer law. They have to attest that they do not work for the man (in this case Financial, Insurance, Real Estate business interests – FIRE companies). I often refer to them as the white hats (good guys). That narrow focus to consumer issues can mean they are better at, and more prepared for, the types of cases consumers will bring to them involving the FIRE industry. And it also could mean they are not worried about getting black listed by FIRE companies for vigorously representing their clients (you).
Look for an experienced debt defense attorney closest to you at http://www.naca.net
While I do have many good experiences I can share about attorneys that are not NACA members, who help people with debt and credit related issues as part of their regular law practice, I cannot refer to any in the NW corner of Chicago.
Ed,
I am curious how your situation turned out; as I too live in the Chicago area and have been summoned to appear in Cook County Court.
I filed a response of no proof Of debt and went to court and won, these are companies hoping you will settle. You can win easily without a lawyer because they have no solid proof you owe the money. They must provide a bill of sale and proof they have the right to sue you and all documents presented must be authenticated. Not photo coppidied bs. Also most states only have a window of 3 years commence to collect since your last payment. After that too late for em. FIGHT THEM, 99% of the time they can’t produce documentation needed to find you guilty
I disagree. Winning without an experienced attorney is not easy. Most people have not seen the inside of a court room, and do not know their courts civil rules for procedure, or the legal arguments to beat back a debt collection lawsuit to the degree necessary. The time commitment alone that is required to go from zero to hero in defending a collection suit is just not feasible for many people, and for many who think it was, later tell me they would have never gone down that path had they fully understood what they were getting into. Working with an experienced debt collection defense attorney is by far the better route if you are going to defend one of these suits.
I understand when the debt is small enough where retaining a consumer law attorney is not mathematically the right way to go, as it would cost as much or more to retain the attorney than it would to settle. I also understand when the debt is high enough, but folks just run out of money before they run out of month. And there are debt and credit related websites and forums far more popular than this one where folks can read posts like yours about how easy it is to fight on your own, and how people should just be pissed at debt collectors suing when they buy the debts up for so little. But you will also see some misrepresentations made by people hopped up on emotion. Like:
“99% of the time they can’t produce documentation needed to find you guilty”
Based on what study? Researched by whom? Across what type of statistical sampling? Was this a study completed in a certain county, state, nationally?
The FTC performed a 3 year study using the larger debt buyers in the country and found that about 50% did not respond to debt validation requests. But these were not necessarily court actions, and is certainly not 99%. And the 50% did not clearly define whether the debt collectors internal protocols used decision making choices to not respond because of low collectability scoring, or something else that suggested the file was not going to have another minute spent trying to collect.
I also understand folks that are just built to fight back based on principle.
I applaud every ones decision to defend against collection lawsuits, and equally applaud those who determine their goals are met by settling at this late stage of collections.
I do not celebrate drive by posters hopped up on emotion telling readers of this site how easy it is. It isn’t.
Oh, and most states do not have a 3 year statute of limitations for creditors and debt collectors to legitimately sue.
If I am being sued by PRA, should I ask to see what thay paid my original credit card holder for the debt, as opposed to payign PRA the amount the c/c company charged off? Do I have a leg to stand on if the paper work is not in my legal name?
Susan – You can subscribe to comments on each page of the site. I answered this question you posted on another page. What Portfolio Recovery and Associates pays to buy up debts your creditors have given up on collecting is not a useful thing to get hung up on. Your original agreement with your creditor gave them the right to sell or assign your account, and probably even if you paid on time, all the time. Knowing what they fetch on old debt, or what PRA pays to acquire them, is not going to help you much. It is kind of a distraction at this point of collections.
You do have a leg to stand on if you are not being sued in your proper name, but that is an easy clerical fix for PRA. Have you consulted with an experienced debt collection defense attorney about your options? Would you like to?
I have an outstanding debt with Portfolio Recovery in the amout of $2500. I never received a written bill from the company but I recevied a certified mail notification at my parents house; I haven’t lived there in many years. I have tried to contact the company directly to make payment arrangements. But with my job, working third shift makes doing things during the day a bit difficult. I also have two children and a mortgage. So my take home is slim and only have a little to get by every month. Is it best to contact the attorney on the case and see if they will settle for less then the original amount or should I contact the company? I just want to settle out of court and have this be over.
Brandi – I suggest trying to work with the creditor or debt owner directly first, and then the attorney if they direct you there, or if the attorney is the only one that can be reached (that will not be the case with PRA though).
How is the balance sent to the colletion agency to be resolved especially in light of the settlement where GE MoneyBank was ordered to pay 34 Million dollars in refunds to customers regarding the retroactive interest payments? How can I have this settled and removed from my credit report?
Indira – What type of GE Money Bank account did you have? What is the balance in collection? What is the name of the collection agency calling or writing to you?
i filed a chapter 13 in August 2010
it was dismissed on April 2012 due to non payment to trustee.
now portfolio recovery came up with $3003.89 from hsbc credit card.
by filing a sue.
they mentioned that outstanding from 2006 and not provided any
document that how come it is $3003.89.
can i object those things at the time of appearance?
it is already 6 years .
i do not have employment. can i ask for payment plan or settlement amount
Jitendra – You can settle with PRA or set up a payment. Settling is best in order to avoid a judgment. What amount of money can you come up with?
Do you have a record of the payments the chapter 13 trustee paid to Portfolio Recovery Associates? What was the starting balance of the account when you listed in the bankruptcy initially?
I need some advice. I have debt with three major credit cards totaling about 20,000.00. I am 60 yrs. old and am retiring because I physically can no longer do my job. I have always made my payments on time. They are currently up to date. I would like to try to negotiate a settlement with these creditors. I could withdraw a lump sum from my 401k. Is it true that you need to quit making your payments for 3 months before they will negotiate?
Carol – It is true you need to be late with payments before you can negotiate settlements on credit cards. 90 days late is just a general minimum time frame of delinquency. Most settlements with original creditors (on credit cards), get done between 150 and 180 days late.
I recommend you get real familiar with the process by reading through the guides on this site pertaining to settling directly with your bank. Start here. And click through the links at the end of each article until you reach the end of the settlement section.
I also recommend you read through the critical reports. Many of the reports help you prepare for things like:
How to best pay your settlements.
How to get settlements documented.
How to approach collection phone calls.
Tax implications – and more.
In Ny state what is the Max time for credit charge off by the credit card company
They telling me they must charge off after 6 month of non payment by federal law.
is it true ? is it state law or federal law?
How long they can wait before charge off credit card debt in NY
Thank you for your help Dav
Dav – Charge off on credit card debt can happen anywhere between 1 day and 180 days of nonpayment. Charge off is just an accounting function, but it also impacts a banks recovery and collection practices, and can be a key tool for you in timing any negotiations you may enter to resolve or repay a credit card debt. This article has more detail: https://consumerrecoverynetwork.com/charge-off-and-credit-card-debt-what-it-means-to-you/
I was served by portfolio recovery associates, i have 30 days to reply to the summons. I’m so lost, i don’t know how to “reply” to the summons. I want to settle this out of court, It’s a debt on an old Citi/Sears account $1,139.00. I’m not sure if i should file a reply (if so what do i say?), or just contact PRA myself to try and settle. Thank you again for you time!
Karla – You can settle with the attorney Portfolio Recovery Associates has collecting out of court. Are you prepared to fund an amount you negotiate in one payment right now?
Thank you for your reply Michael. This is my first time going through this so I’m a bit lost. I am willing to, but not the full amount right away. I can have maybe 500 by Sept 9th. I did contact them about a year ago to make arrangements, gave them my info the call got disconnected so I called back and give my info again and I was assured that the payment plan was made. And now I get served? I hadn’t received anything from them stating that they can sue me. Again thank you for your time.
Karla – were any of the payments on the plan you set up made? Were payments made for some time and then stopped?
If you cannot offer a single lump sum to settle the debt direct with the attorney (that is who you would be calling to negotiate with – not PRA), than filing an answer to buy yourself some time to come up with the additional money would be a good strategy.
No they weren’t, well I’m not sure ill go through some old bank statements to double check.
Oh ok with the attorneys on the summons. Would you recommend me giving them a call first to try and settle something, or should I send a general answer (do I deny the charges?) Then call the attorney’s?
Karla – If it were me, I would call the attorney and try to work something out first. The concern I have for you is that any amount of money you have will not be available to you until mid September.
As far as filing a general answer, you need to create a controversy. You may not disagree that the debt is yours, but some people have gone that route. Even if you agree with the debt, you do not have to agree with the amount. Ideally you should be getting advice from an experienced debt defense attorney. If you would like for me to email you contact info to one or more I can find in your area, send me an email with the name of your city and state and I will reply to that. You can reply to the comment alert notification you get. All of those come to me.
Hi Michael,
I received a notice of intent to file legal action from a law firm representing PRA. Law firm is Sessoms and Rogers in NC. I am in NC. It is a Home Depot account for roughly $3,400. They have included a copy of the charge off statement. What do they need to show in court? Can I ask them to provide copies of all the statements?
They are based in Raleigh. I can’t determine if they have a local attorney but I doubt it. Any idea how that works? Do they really send someone from Raleigh (several hours away) to show up in court over $3,400?
Thanks
They could be ready to show with what they need to in court to prove their case. It is getting more and more common. I have a post up about Sessoms and Rogers. You will get more of the info you need from reading that.
If it comes to a trial, and PRA being a big client, I see Sessoms and Rogers ready to travel. The goal is to get a default or summary judgment first though.
I need some advice please. I live in Texas. I been sued by a debt collector Portfolio recovery assoc. There lawyer is Regent and assoc. We owe a credit card $9,ooo. I am filing out the letter for the court and not sure what I should say. I cant really pay them what they are asking. I have offered them an amount of $2500. Do you think I have a chance with that amount?
Negotiating that low of a payoff now that Portfolio Recovery Associates has sued is not all that realistic. Defending the suit with some experienced legal help could result in a lower payoff than you may have been able to manage on your own, but then you have the cost of that assistance to consider. Set that beside buying yourself some time to come up with additional funds, I would recommend you work with an experienced debt defense attorney.
I can email you some contact info for the type of attorney you would want to consult with (initial consults are free), just send an email reply to this comment notification you get with the name of a nearby larger city, and I will email back.
My mother has just been served in florida by Thunderbolt Holdings, plaintiff, original debt with Citibank, for a credit card debt. The amount is approximately $20k from 2010. The letter states she has 20 days to respond. My mother is 78 years old and is on only income is her pension. She was served on the 7/6/13. At the end of October she is relocating to the UK. What is the best way to handle this in the short amount of time that she has remaining in Florida?
Appreciate any insight you may have. Thanks
Frankie – Is there an ability to settle this account for a lump sum? If so, what amount of funds can be pulled together quickly? If no funds are available to negotiate a settlement, defending the suit will make a good deal of sense. There will be some cost and/or time commitment to defending that should be weighed. I can help you evaluate and compare after you post a reply with what can be done to settle.
Hi, no she has no ability to settle this account at all. In the letter it says that wages can be garnished.. well she has none, property can be taken… she stopped making mortgage payments over a year ago. She has no money except her pension, which I believe can not be touched, and it leaving the country in approximately 3 months… is this summons even worth responding too, or will she be gone before this gets messy?
Thanks
Ideally you/she will want to run the scenario by an experienced debt collection defense attorney there. With nothing to lien or garnish that will leave collecting through a bank levy. I just don’t see collecting on a judgment following her to England. But any remaining bank accounts could be at risk here in the US (if she were to keep one open).
There may be legitimate reasons she would consider important to her to defend against this and avoid the judgment. Fully understand the implications of her move, and any judgment, would be a good idea. If you would like help locating an attorney with the type of experience needed, send an email reply to the comment notification you get with the name of a nearby city. I will email back contact info.
im being sued for 4000 in credit card debt. Am I able to negotiate with the plantiff (Midland Funding) for a lower settlement. Im willing to pay up to 6% of the debt, single payment. I don’t have the money but will get family members to help.
Nikki – Yes, you can negotiate with Midland Funding LLC to settle the lawsuit for a lower amount. Collection lawsuits often end with a settlement. But it would be virtually inconceivable to settle with Midland, or any other collection account, for 6% of the balance.
If your comment was a typo, and you had meant to say a family member can loan you the money to settle at 60%, than that would be a much more realistic expectation.
I’m being sued for ~$5k in credit card debt, is it better to negotiate an out of court settlement with the Plantiff (RAzOR Capitol, LLC) or their attorney(Stenger & Stenger)?
You will be negotiating the settlement with the attorney for Razor Capital LLC. Be careful to get everything the you negotiate documented before making a payment.
Are you able to settle this debt with a single payment, or are you looking to negotiate a monthly payment?
I am being sued, for 2418.96, can I just go to the court house and pay 1200, because that’s all i have?
Barbara – It doesn’t quite work like that. You may ineed be able to resolve the debt for the 1200.00, but would need to negotiate that with the collection attorney. What is the name of the collection firm you are dealing with? Who is the creditor suing you (name of plaintiff)?
We were served papers today also.. Our debt is 10k and the Attorney is from Oregon we live in Washington state.. The Plantiff or debt collector is definitely someone who has bought the debt from Chase bank. I’m pretty sure this is the 2nd purchaser of the debt. I think we should file a response. but the paper work is requesting we serve the attorney with the response also not just the county court. any advice. Debt is from November 2009
Do you folks serve these responses for a fee?
Heidi – This is a debt and credit information site. There are specialists available to help you develop a strategy for negotiating and settling debt. But there is no one I can refer you to for serving responses. Generally speaking, you would file your answer with the court and while there get a court stamped copy, and send that to the attorney.
The first thing I would suggest is connecting with an experienced debt defense attorney. There are a couple in Washington I can send you contact info for. Getting this done correctly is important with a balance like that.