AP filed

[tobee43]

good luck with it. i know it's been so stressful. but if you can live with the payment play, it's worth going through the stress.

hope the best for you!

[reynold975]

Well we kept calling our attorney and she wouldn't return our calls. We would talk with an assistant and she would say that she was working on it. I called and ask about filing a response and they said they wouldn't that we didn't pay them to do that. Pretty much that was all that they were going to do. That if the bank didn't accept our offer we made 2 weeks ago that we would be stuck. I think we are just going to sign offer that states 20 payments at $75.00 and hope that is all we have to pay. Our 30 days is up next week. I don't know that I trust our attorney to even sign it and get it to the other attorney. Should we sign give it to our attorney to sign and also fax a copy to the other attorney letting her know that we agree and have done our part. Thanks for your help. This has been a rough time for us.

[despritfreya]

Come on Desp, you know that nearly 99% of attorneys specifically exclude (including you) representation in an AP without payment of additional fees

That is true but. . . we will always make sure our client knows what needs to be done if he/she decides not to hire us. We will also get the client an extension of time for the filing of an answer so he/she has a chance to find another attorney. Heck, sometimes we will ghost the answer so the client at least has something on file. It is scarey to me to read that Reynold has not filed a "response" and is not sure how to do so. This tells me that there is a lack of communication with the attorney.

Des.

[HHM]

Your attorney should be taking care of this but please make sure.

Come on Desp, you know that nearly 99% of attorneys specifically exclude (including you) representation in an AP without payment of additional fees

[despritfreya]

We haven't filed a response. Not sure how?

You MUST either get an extension of the due date for the filing of an answer to the complaint OR file an answer within 30 days of the date of the summons. If you fail to file an answer the creditor can seek a default judgment. Your attorney should be taking care of this but please make sure.

Des.

[reynold975]

Last time they responded right away when she called them. Now she is emailing them. We haven't filed a response. Not sure how?

[despritfreya]

We ask our attorney to offer $1,500 to settle. She said she emailed them a week ago and no response. . . Not sure what to do at this point?

A week is not a long time. This is an institutional creditor. The creditor's attorney is obligated to transmit the counter-offer but he/she must wait until someone responds. Since we are talking about finding someone with enough up stairs to think about an answer along with the authority to make a decision, you could be waiting a month for a response. Just remember that, if you have not already done so, you MUST timely answer the Complaint or get a written Stipulation to extend the time to file the answer.

Des.

[reynold975]

We ask our attorney to offer $1,500 to settle. She said she emailed them a week ago and no response. I think she just doesn't want to deal with it. Not sure what to do at this point?

[tobee43]

i would do exactly like one of the PP's suggested where as you would cross out the 3k amount and put the 1500 and initial it as well. send it back certified mail.

i would think that settlement would be less that what you'd pay on atty's fees to fight the ap. then of course as someone else has pointed out, you'd be asked to sign an agreement at the time the issue is settled.

[helpmeout]

We received the settle from the other attorney stating to have us sign it, along with our attorney and return it to them. My attorney said to just sign it. But I don't want to sign it when it isn't clear what we're agreeing to.

I would try to get the amount lower. Remember, it's going to cost the creditor money to do an AP, as well. Probably more than what they MAY get. Your attorney really isn't doing a very good job of representing you if s/he is going to accept the first settlement offer and not bother to get it lower. Because chances are good that they will go lower.

[LadyInTheRed]

We received the settle from the other attorney stating to have us sign it, along with our attorney and return it to them. My attorney said to just sign it. But I don't want to sign it when it isn't clear what we're agreeing to.

I don't blame you. If I was presented with that offer, I would cross off both places where it says $3,000, write in $1,500, initial next to each correction and then sign it.

First, it sounds to me like they have already filed the AP - AND - recieved a judgement? I thought your other posts on this said they had filed, but it had not yet been litigated. Now it makes sense that the lawyer tells you to just settle!

I cant help you on this question though...doesnt make sense to me....

The wording (judgement) etc I don't understand either.

If you enter into the settlement, the creditor will ask the court to enter a judgement in the AP that is consisent with the terms of the settlement.

[reynold975]

We received the settle from the other attorney stating to have us sign it, along with our attorney and return it to them. My attorney said to just sign it. But I don't want to sign it when it isn't clear what we're agreeing to.

[AngelinaCat]

I have merged the two threads in question.

[despritfreya]

Hey Des, I don't see it that way. I see, (1) this is a settlement, and that IF, they default, then all of it, the 3K will be on them. In any case, I would sign that agreement if they do not want to file it in AP, and if they accept this, error or not, they got a break and a contract that should be abide by. Please make me believe otherwise. 'Hub

Yes, at first I thought it was a judgment with covenant not to execute so long as payments towards the $1500 were paid but. . . and this is why doing multiple threads is a problem. . . read:

http://www.bkforum.com/showthread.php?70996-AP-filed&p=521825#post521825

The creditor is offering to settle for $3k, not $1,500.00. So, either payments are $75/40 or $150/20. Either way, sounds like a mistake in the letter that will be caught with final draft of settlement.

Des.

[AngelinaCatHub]

Sounds like the creditor made a mistake. It meant 40 not 20 months. Check with your attorney.

Des.

Hey Des, I don't see it that way. I see, (1) this is a settlement, and that IF, they default, then all of it, the 3K will be on them. In any case, I would sign that agreement if they do not want to file it in AP, and if they accept this, error or not, they got a break and a contract that should be abide by. Please make me believe otherwise. 'Hub