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Subject:  Re: Call from Lawyer Date:  5/27/2001  10:48 AM
Author:  jsn7 Number:  72786 of 312716

If you can stand one more piece of advice, here it is.
First of all, I doubt seriously you'll be sued. The guy starts at 10k, drops to 7k+ and then to 3 monthly payments. All in the first call.
Since this appears to be the only collector bothering you and, you say you want to repay creditors, I don't think I'd do the cease and desist yet. Call back Tuesday and tell him you and hubby talked it over and came to this conclusion. You've contacted numerous creditors and they are all working with you on a monthly payment and if he wishes to be paid, then he'll have to join the party. Tell him what you can realistically afford to send. If he agrees, tell him your lawyer insist on a contract stating that the payents will settle matters in full. Send nothing until you get an agreement.
If he doesn't want to bargin, don't make a bad deal. Just tell him you wish validation of the debt and not to call again until he is willing to let you pay monthly.
Now, a previous poster said something about a judge laughing at the collector if you were making paymnents and would order the same payments.
Nothing could be further from the truth. I've been in several courts and I've yet to see a judge laugh at anything. The judge will follow the law. If you look at the cc agreement, you'll find something in there that says demand payment in full upon default. No matter how sympatheic the judge may be, the creditor will win and can pursue your assets and wage garnishment.
If this thing ever does see a courtroom, you let it get way out of hand. Please see a lawyer before you get to that point.
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