How can I convince a law firm, that has successfully sued me?
that I am serious about declaring bankruptcy, without actually filing? My attorney and I have tried to negotiate with them time and again, but they refuse to accept a smaller payment. (I realize that I accidentally broke a lease, and I probably owe them $750 plus a little interest, but they are demanding almost $4500, and are being very hard-nosed about it!) I offered them $1500 to settle, or I’d declare bankruptcy on them. They flat-out rejected it.
I believe very strongly in paying my legitimate bills, conscientiously, but not to lying, thieving scoundrels.
Any ideas and suggestions will be very welcome.
I was told (verbally) when I left the apartment that everything was fine, and paid for. I didn’t hear from them until 2 years later, with a collection notice. (The verbal ok wasn’t worth the paper it was written on.)
Yes. They have won a judgement against me, but it was served on my brother while I was out of town.
April 30th, 2009 at 12:08 pm
Never make a threat to a lawyer that you won’t carry out.
You will have lost all credibility if you don’t follow through on the bankruptcy… so you pretty well left yourself the choice of bankruptcy or paying. And… $4500 debt isn’t going to be enough for you to qualify for bankruptcy… so you are essentially screwed.
May 3rd, 2009 at 7:46 pm
dont declare bank ruptcy over 4500.00 thats silly you only get one with very little problems, just start paying them 10 bucks a month and they cant do anything to you aslong as u are attempting to pay your debt they have to except it.
May 6th, 2009 at 10:15 pm
If you were willing to settle for 1500 you should have paid or made arrangment to pay the 750 but now the lawyers want their fees too!
Oh well lesson learned??
May 7th, 2009 at 2:21 am
Well landlord tenant issues can get very sticky…I would suggest, sending them a payment that you can afford, the worst they can do is refuse it, they can’t make you pay anymore than necessary. There is a term, I believe it is Accord and Satisfy, look that up.
Sometimes in lease agreements, the owners has to be out money or property. That is alot of money for a mistake, however did the owners rent the dwelling in that time frame, if so the judgment may have been off set. If the company did not have the place rented, then it is collectible, however if rented anytime in the “lease” breech, it is contestable. In Ohio, the legal fees retrievable in a situation is only the cost of investment, seems to me like you may have paid their (the owners) attorney for a year of retainment.
May 10th, 2009 at 9:10 am
I don’t know where you are located. But here in Nevada breaking a lease haunts people for ever! Years..anyway.
I don’t think you have a chance in lying to a law firm that in the first place handles such debt, they have heard it all!
You could go to a legal mediator, the public court system as a rule has a place people who can go to avoid court. Yours sounds like it belongs in small claims but I guess the bumped it up to the next level with that amount. Mediator service is free if you use the court system…check into it.
Are you sure the debt hasn’t been sold to a collection attorney, they do everything in their power to scare people, then they settle for over what you owe, and pocket the %
Its a little confusing to try to figure out what is best for you. If you have a attorney use him…..seems a little foolish to go bankrupt for that small amount. and no doubt the law firm knows that, it would cost you that much to go bankrupt.
Have they gone to court, or are they just threaten to go to court? If they have and won a judgment you have very little options. If they haven’t…well you could out wait them and not give any offers, then they will make an offer to you.
my best suggestion is to be honest, do your best to make the debt good, follow your attorneys advice.
May 11th, 2009 at 3:47 am
You can not accidentally break a lease. The 4,500 is probably all the rent money you would have paid to the end of your lease contract, plus legal fees for the landlord. Do not file bankruptcy that will not help anything, just hurt you more for years to come! Bite the bullet and pay up!!!! Get this monkey off your back!! You can pay a small amount every month, just 20 dollars or what ever you can afford. As long as you are paying they can not do anything else to you, like take you back to court or report you to a collection agency. Good luck.
May 13th, 2009 at 4:37 am
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May 13th, 2009 at 11:36 am
In dealing with lawyers, you have to seem determined and uncompromising. Not angry. No yelling. Just calmly confident.
In that manner, you would say the following:
“You know and I know you are not going to be able to collect the $4500. By giving you $1500, I’m doing what I don’t have to do. And you’re getting more than you could possibly have hoped. I certainly have alternatives other than paying you anything. So, this is all you can hope to get.
“You can pass the word on to your client, or I will. If your client refuses, then you know what I will do and the result will be you’ll never seen any money.”
Then end the conversation politely.
He’ll call back with an offer between the 1500 and the 4500. Politely decline and wait for him to call you back.