Writing a judgement settlement letter Why is it advised to have a friend or family member contact the collector on your behalf?

Asked almost 4 years ago - Phoenix, AZ

Just wondering why I keep reading that I should have a family member or friend write a debt settlement letter on my behalf as opposed to writing it and contacting them myself?

I received a default judgement against me from Citibank a couple of months ago. It was for an unpaid credit card, the amount of the judgment is approx $18000. I am not working, with almost no money in the bank have only my home, and I am fully disabled with major depressive disorder and anxiety. Not much for them to come after. Family members chipped in and raised $4500 to try and help settle.

Thoughts?

** this is my third time attempting to post this question, apparently it keeps showing up in the wrong category...but I am selecting "debt collection" and " debt settlement" so I'm not sure what's going on?

Additional information

Thank you for your reply... Is there any type of "template" I can use for writing this letter to protect myself as far as getting them to file to "dismiss" the judgment and ensure they will not sell the debt and/or come after me for the difference between the judgement amount and what we settle for?

I noticed you are based in Arizona, could I ask what it would cost me to hire you to write the letter on my behalf to ensure it's handled properly?

Thank you :-)

Attorney answers (2)

  1. Lonnie K McDowell

    Contributor Level 15

    1

    Lawyer agrees

    3

    Answered . If you are unemployed, have less than 150.00 in the bank, have a vehicle worth less than $5,000, and your house has less than 150,000 in equity, you are likely judgment proof (which doesn't make the calls and letters stop, but does prevent enforcement of the judgment by garnishment or sheriff's sale). You are past the "making admissions" stage if default judgment has already been entered: You have been found liable for the debt, so that ship has sailed. I see no reason you shouldn't write the letter yourself. The creditor is not likely to "dismiss" the judgment before getting paid, but you can request a statement from them in writing confirming that they will file a satisfaction of judgment when they are paid.

    If you can settle it, great. If not, bankruptcy may be an option, or just waiting for the judgment to expire in 5 years (it can be renewed every 5 years, but collection agencies rarely renew them if there is no prospect of collection).

  2. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . People are telling you to have someone else sign the letter so it dies not constitue an admission by you.

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