Sued by Mendelson Law Firm on Behalf of Asset Management for Capital One. – Theresa

I’ve been sued by Mendelson Law firm on behalf of Asset Management for a debt of roughly $3500 owed originally to Capital One.

In February of this year I offered a settlement amount of $1300. After about 5 days they countered at $2300, I re-countered at $1500. I’ve made $50 payments on the 15th and 30th of each month while waiting to hear a final amount they would accept ( I asked about the amount each time I called in). In the meantime a court date has been continued 2 times. We are now due to go to court tomorrow. They called today with an amount of $1980, which would not include any of the $600 I’ve paid in over the past 6 months.

Can I explain to the judge that the negotiation has not been in good faith? Mendelson/Asset took 6 months to provide an amount they will accept and now I’ll end up paying more than their original settlement of $2300. Can the judge require the company to accept the $600 as part of the settlement and what are the chances of that happening?

Theresa

This is your chance to be a hero and help out this person by providing your feedback and answer to the question in the comments section below.

Sued by Mendelson Law Firm on Behalf of Asset Management for Capital One. Theresa
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  • tnunderdistress

    I have also been sued by this law firm. I made an agreement with them for $300.00 a month over the phone and sent them the first payment and 1 month later my job received a garnishment from the court. I contacted the courts and they showed a paymnet being made but had no other information as to the agreement. I also contacted the law firm and they stated that Ihad not held up my part of the agreement yet they cashed my check. The attorney stated that he would send a letter to the court releasing me from my garnishment. The comment below however, I beleive to be true. I live in the state of TN and they are not too willing to help the consumer. If the courts seen that there was a payment made don’t you think that would have been a red flag that there must be some agreement in place and should furhter investigate. so disheartening. I am not disputing that I have the debt just that the collections are unreasonable and it is no wonder people quit there jobs and live off the government. May payment would have went from 300 a month to $729. If I couldn’t afford to pay the smaller amount what makes them think I could afford to pay the larger amount. And people wonder why our world is in such financial termoil. Only choice left to the people are to quit there jobs and live off the government just to stay alive and to get away form unreasonable debt collectors. all I can say to those who are collecting debts. Just remember you don’t know aq person situation nor do you know if or when this may happen to you.

  • Fitz

    it is very difficult to give a definitive answer, but i think it is fair to say that, unless you contest the lawsuit itself, the court will award them what they have asked for less the payments you have made since the lawsuit was filed. Negotiations are just that, negotiations, and no one is bound by them until final. Also, payments are just payments unless you have a definitive agreement (preferably in writing). Good news is that it is the account is with a debt buyer. Bad news, unless I am mistaken, I believe the Mendelson law firm is in TN, and TN is not a good place for consumers in these types of cases. Despite all this, make your best pitch to the judge about all your efforts to resolve it out of court and maybe, just maybe, you will get a sympathetic judge who will assist you in getting the other side to make the deal you proposed work. Good luck.

  • Fitz

    it is very difficult to give a definitive answer, but i think it is fair to say that, unless you contest the lawsuit itself, the court will award them what they have asked for less the payments you have made since the lawsuit was filed. Negotiations are just that, negotiations, and no one is bound by them until final. Also, payments are just payments unless you have a definitive agreement (preferably in writing). Good news is that it is the account is with a debt buyer. Bad news, unless I am mistaken, I believe the Mendelson law firm is in TN, and TN is not a good place for consumers in these types of cases. Despite all this, make your best pitch to the judge about all your efforts to resolve it out of court and maybe, just maybe, you will get a sympathetic judge who will assist you in getting the other side to make the deal you proposed work. Good luck.