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Summary: Yes, you can settle after service. The best way to settle a debt lawsuit is first to file a response, then contact the otherside and make an offerfefffefffeff.
Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).
Writing the Settlement Offer LetterInclude your personal contact information, full name, mailing address, and account number. Specify the amount that you can pay, as well as what you expect from the creditor in return. A good starting point for negotiation could be offering around 30% of the amount that you owe.
Another term you might hear is judgment proof or "execution proof". If you are collection proof you can write a letter to the debt collector that tells them it is not worth taking you to court. The letter also tells them not to harass you.
You must respond with an Answer form or a Notice of Appearance that you file with the debt collector or the debt collector's attorney plus the court. When filling out the Answer you must complete the following: Answer each complaint in the Answer form. Provide a valid and affirmative defense.
Make sure you state you are exercising your rights under the Fair Debt Collection Practices Act. Include a sentence or two describing why you are judgment-proof For example: I am judgment proof because I am living only on Social Security benefits, own limited exempt property, and cannot meet current expenses.
Workcover payments are usually protected too. You might also be judgment proof. This is where your only income is a Centrelink or Workcover payment and you: do not own and are not buying a house. do not own any significant assets, for example, savings or expensive antiques.
Judgment proof is a description of a person who does not have enough assets for a creditor to seize when a court order requires debt repayment. A debtor who is broke and unemployed can be considered judgment proof, as can a debtor who only has certain legally protected types of assets or income.
Here's how to negotiate with debt collectors:Verify that it's your debt.Understand your rights.Consider the kind of debt you owe.Consider hardship programs.Offer a lump sum.Mention bankruptcy.Speak calmly and logically.Be mindful of the statute of limitations.More items...?
You should respond in one of three ways:Admit. Admit the paragraph if you agree with everything in the paragraph.Deny. Deny the paragraph if you want to make the debt collector prove that it is true.Defendant denies the allegation for lack of knowledge sufficient to know the truth or falsity thereof.