My question involves collection proceedings in the State of: CA
A summons was delivered to my wife at our home for me by a sheriff. The suit was filed by Discover Card via Zwicker & Associates for original credit card of $1500. Now with fees it is around $1700 which they are asking on the suit.
I was not sure how to go about responding to the suit and if it was even worth trying to dispute it or ask for verification on this as it is a suit from the original creditor.
Since it was served to my wife I read that I had 40 days in CA to respond to the suit. I believe my 40 days is up today technically but since it is a wknd (sat) I should have until Mon to get a response in to the court if I need to.
I have been in regular phone contact with a Zwicker & Associates debt collector for the past two weeks who has been rather pleasant which was surprising to me as I was expecting some really rude pushy insulting person and he really has not been at all. He told me the debt was now close to $2000 with legal fees added in. I told him I wanted to try to figure out a way to settle this as I do not want a judgment against me. So I have been trying to come up with some money from friends and family and I have come up with a little over half of what the original credit line was for.
I kept in regular contact with him even when I didn't have any concrete money borrowed yet just to keep him in the loop and he would always say he was putting the account on hold for another day or until the next time I was scheduled to call him.
Now since I came up with some money he has offered to settle for around $1200 and that I could pay the lump sum which I was able to borrow up front and then split the remainder into 2 payments within 60 days and that they would notify the attorney and have them dismiss the suit. He is saying I need to give my bank details to have the first payment taken out and then schedule the next two payments and then they can notify the lawyer.
I did not give any bank details as this didn't feel right to me. And I asked him if I could get something in writing stating this agreement and he said he could have it faxed over to me. SO tentatively we are set to do all this in the coming week.
My question is: Is the debt collector I have been in contact with at Zwicker able to hold things so that a summary/default judgment is not given against me since I have been in contact with them and have been actively trying to resolve this, does he have that ability…….. or will a summary/default judgment be given to me automatically in a couple days if I do not send a response to the court and he knows this and is just trying to get money from me up front and has no intentions of getting this dismissed?
Any help greatly appreciated as I feel very in the dark with all this and technically only have a day to write a response to the court if I need to.
A summons was delivered to my wife at our home for me by a sheriff. The suit was filed by Discover Card via Zwicker & Associates for original credit card of $1500. Now with fees it is around $1700 which they are asking on the suit.
I was not sure how to go about responding to the suit and if it was even worth trying to dispute it or ask for verification on this as it is a suit from the original creditor.
Since it was served to my wife I read that I had 40 days in CA to respond to the suit. I believe my 40 days is up today technically but since it is a wknd (sat) I should have until Mon to get a response in to the court if I need to.
I have been in regular phone contact with a Zwicker & Associates debt collector for the past two weeks who has been rather pleasant which was surprising to me as I was expecting some really rude pushy insulting person and he really has not been at all. He told me the debt was now close to $2000 with legal fees added in. I told him I wanted to try to figure out a way to settle this as I do not want a judgment against me. So I have been trying to come up with some money from friends and family and I have come up with a little over half of what the original credit line was for.
I kept in regular contact with him even when I didn't have any concrete money borrowed yet just to keep him in the loop and he would always say he was putting the account on hold for another day or until the next time I was scheduled to call him.
Now since I came up with some money he has offered to settle for around $1200 and that I could pay the lump sum which I was able to borrow up front and then split the remainder into 2 payments within 60 days and that they would notify the attorney and have them dismiss the suit. He is saying I need to give my bank details to have the first payment taken out and then schedule the next two payments and then they can notify the lawyer.
I did not give any bank details as this didn't feel right to me. And I asked him if I could get something in writing stating this agreement and he said he could have it faxed over to me. SO tentatively we are set to do all this in the coming week.
My question is: Is the debt collector I have been in contact with at Zwicker able to hold things so that a summary/default judgment is not given against me since I have been in contact with them and have been actively trying to resolve this, does he have that ability…….. or will a summary/default judgment be given to me automatically in a couple days if I do not send a response to the court and he knows this and is just trying to get money from me up front and has no intentions of getting this dismissed?
Any help greatly appreciated as I feel very in the dark with all this and technically only have a day to write a response to the court if I need to.
Collection Lawsuits: Sued by Discover/Zwicker Can/Will They Get Judgment While Im Trying to Settle W Them
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