Beware of Negotiating with Collection Lawyers 

This is true, but these lawyers are very good at overstating the strength of your case and intimidating people with phrases like "wage garnishment" and "bank levy."

@@JudsonECrumpPC you are right on that but you can work out a deal. I used to work for a law firm and i've had first hand experience.

@Nadia Zamora Hello. I'm assuming that you were served with documents to go to court and did not respond to them?

@Nadia Zamora because of the time that has gone by I don't think you could ask the courts to set aside the default judgement unless you think they made an error. Since you have contacted them to try and pay off you have accepted the debt as yours and that you do indeed owe it. They have won the case basically and can garnish wages if they so choose so keep that in mind. If you cannot pull together enough money to pay them off then making payments is your best bet. Go over all finances first and see what you can pay down and what you can pay per month. Call them again and try to negotiate but when you call have your ducks in a row with what you pay out each month in expenses. That will include everything. Tell them you can send the original amount that you had to offer them plus so much per month. Try that first and if they still want documents be prepared to send them because they absolutely can garnish your account. You do have rights in the garnishment process if they choose to do that. You have to be legally notified of the garnishment, and you can file a dispute if the notice has inaccurate information. Some forms of income, such as Social Security, are exempt. You can challenge a garnishment order if your rights have been violated or if it would prevent you from affording basic necessities.

Most states let a judgment creditor question you about your property and finances, in a procedure called a "debtor's examination." Basically, they are looking for money or property that can be legally taken to pay the debt. The first thing on the list of property the creditor looks for are deposit accounts (like savings, checking, certificate of deposit, and money market), tax refunds due, and other cash. You could blot out every transaction that you do but not the deposits etc. I would write everything down that you spend per month and see if they will let you answer this by phone or send you a document with the questions on them for you to answer first. If they still want your bank statements, you can blot out what you buy but keep the deposits where they can see it because that's what they are looking for. Keep calm with them because you will get further with them that way and hopefully you're not dealing with a complete jerk. They have already won the judgement. If they are willing to settle for a certain amount or take a certain amount down and then you make payments, that will be the best way for you to try and work it out.

That depends on what the terms of your agreement were and the law of your state. If you settled with them, then if you pay the agreed amount, they should release the lawsuit. Or if a judgment has been entered, they should send you a satisfaction of judgment once you've paid the amount you agreed to.

Dapp City, I don't practice law in VA, so I can't help you here. Call a local lawyer. They'll know what to do.

You need to hire a lawyer in your area. If someone in your shoes came to me, I'd file an amended answer as soon as possible to assert every possible defense, including lack of standing.

Judson E Crump Poor. That’s why bills weren’t paid. I owe and want to pay a little each month but...

Judson E Crump Mr. Crump, the money is owed and I can’t afford a lawyer. I need to respond to the letter but then what? Go to court they say I owe it and...? What’s the best I can get out of this other than having it thrown out or dismissed?

Judson E Crump Not sure what I should put in my letter or who to send it to? The city courthouse where I’m supposed to appear?

You can call my office at 251.272.9148.

Awww. Thanks!

Why should I edit it out? Scam debt collectors threaten arrest warrants all the time.

@@JudsonECrumpPC but do they actually do it. And how would that get them any money if ypur in jail?