Expert: Jason Barnette, Esq. - 2/9/2010

Question
I had a credit card which is in default and HSBC sold the account to Portfolio Recovery.  They have turned this over to a lawyer here in NC and the firm has issued a Complaint against me.  I answered the complaint and the court date was set for 2/23/10.  Once the court set the date the lawyers have sent out the First Set of Admission, Interrogation and Produce Document, which I have 30 days to respond, which will be after the 23rd of Feb.  I also sent out a First Admission, Interrogation and Production of Document to the lawyer.  They are asking me to agree for a continuance to the date, I really don't mind the delay, but I understand that these junk debt collectors pay pennies on the dollar for these bad debts.  My debt with the original credit card company was around $2500.00 and now the lawyers want $3800.00 plus interest, lawyer fees and other add on. I'm without a job and living on unemployment for the last year. I also have no assets other than the car I drive, which the bank owns.  

I would like to end this process before it goes any further.  Do you have any suggestions as to what I should do now or wait until they produce the information that is requested.  I'm sure the judge will accept their request for continuance, but I feel they brought the case against me and they should have responded before four months went by to request their evidence against me.  I feel they dropped the ball in request and I would just like to either offer them a settlement of .20 on the dollar to drop the case and end this.  What do you think is the best scenario to end this?

Answer
Lyle:

I would amend your Answer to include Counter-Claims under the FCRA and FDCPA.  If you do and then approach them as to mutual dismissal, they will every time.

Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street: Suite 122
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com