What to doif I’m being sued in small claims court for credit card debt but I made payment arrangements?

I made arrangements with a credit card company to take monthly payments from my bank account for a delinquent account. The CC company never took these payments out. I have my bank statements to prove that they never attempted to debit my account. Now I have been served papers for small claims court stating that I failed to comply with the payment arrangement. Technically, they were the ones that didn’t follow through with our agreement. What are my rights?

Asked on March 7, 2012 under Bankruptcy Law, Iowa


Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

Ask them why they did not take the money. Most likely they made a mistake and the court filing is just one way to get the money. Once they correct the mistake they probably would withdraw the claims.

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