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About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > Answering a judgement

Collections Law - Answering a judgement

Expert: Regan Shinski - 11/6/2009

Question
I was served a summons for an Amex debt that I have already reached a settlement on with the Collection lawyers.(I have already paid 69% of the settlement ahead of the payment schedule %26 with-in 30 days of the settlement). The summons is for the orig. amt. of the debt, not the settled mount or he balance as of the date of the judgement. How should I properly answer the summons?

Answer
Hi Miriam:

If you have a written and negotiated settlement that you are comfortable with, just answer it truthfully. Ask for it to be dismissed with prejudice. A judgement should not be entered against you if you are still current with written terms from the legal creditor.

You could also check your credit reports. My guess is there are some errors there. They have to be messed up in the accounts or why would they be suing for such an obvious incorrect amount? My point is, if you want to get REALLY aggressive, you can check your credit reports and find errors. Then file a countersuit and try to collect because of those errors and hassle. You could even possibly entertain filing for punitive damages if the error is as obvious and intentional as it seems.

Good luck,
Regan

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