I got served papers from a debt collector (LNDV Funding) saying I had 30 days to respond. I panicked and called their attorney right away, which I now think was a big mistake. They pressured me into agreeing to pay $175 a month starting last Friday. At first, they wanted $350 a month, and I felt I had no choice but to agree.
After having some time to think, I realized I can’t afford $175 a month, and I also never asked them to verify the debt. This debt has been sold around to different collectors, and now I want to backtrack and ask for verification. Is it too late for me to do that since I already admitted to the debt? What are my options at this point? I don’t want to sign anything that locks me into payments I can’t keep up with.
Were you actually served, or did you just get some paperwork in the mail? If you were truly served, it’s too late for debt validation. Also, did they have you sign anything agreeing to this $175 plan? If so, that’s risky, because if you miss a payment, they could garnish your wages right away.
@Skyler
I was served papers by the sheriff saying I had 30 days to answer. I called the attorney listed on the papers, thinking I could work out a payment plan. They pushed me into agreeing to $175 a month. They said partial payments wouldn’t work, and now they’re mailing me a consent judgment to sign. I feel trapped because this debt has been sold so many times, and I want to ask for verification, but I don’t know if it’s too late.
@Kei
If you sign that consent judgment, you’re giving them the ability to garnish wages or freeze your account if you miss even one payment. If you can’t afford the $175, do NOT sign it. Instead, you might want to go to court and explain your case to the judge. What state are you in?
Kei said: @Skyler
I’m in Georgia. If I don’t sign the judgment, will I still get a court date? What happens if I just don’t sign it?
Are you still within the 30-day window? If not, you’ll need to check your case status online or call your courthouse. If you’re past the deadline, they could move for a default judgment against you. Georgia allows wage garnishment up to 25% of your income, so you might want to figure out how much that would be to see if it’s worse than the $175.
Kei said: @Skyler
I’m in Georgia. If I don’t sign the judgment, will I still get a court date? What happens if I just don’t sign it?
If you’re just a few days past the deadline, it’s worth calling the court to ask if you can file an answer late. Some courts allow this for a small fee. It could buy you time and prevent a default judgment.
From what I’ve read on this forum, it sounds like you should’ve gone to court instead of agreeing to a payment plan you can’t handle. Not a lawyer, though, so take that with a grain of salt.
Darcy said:
From what I’ve read on this forum, it sounds like you should’ve gone to court instead of agreeing to a payment plan you can’t handle. Not a lawyer, though, so take that with a grain of salt.
You’re absolutely right. As an attorney, I would have advised going to court to fight it instead of agreeing to payments you can’t afford.
Update: I paid $105 to reopen the case since I missed the deadline. I also filed my answer to their complaint, and now I’m waiting for a court date. Any advice for what to do in court would be greatly appreciated!
Since you already started a payment plan, changing it might be tough, but here’s what you can try:
Send a debt validation letter to confirm they have the right to collect this debt. Do it by certified mail so you have proof.
Go through the consent judgment carefully before signing. If you can’t stick to the payments, it’s better not to sign and risk default.
Consider speaking with a legal aid organization or a lawyer. They can guide you based on your local laws and options.
If the debt collector won’t cooperate, you may need to prepare for court. Make sure to bring any proof or arguments you can use to challenge their claims.
Research wage garnishment laws in your state. Georgia allows up to 25% of your paycheck to be garnished, which could be worse than the payment plan you agreed to.