What to do when we go to court for a summons pertaining to an old credit card charge off?

We had a credit card with a balance of $350 in 10/06. My husband suffered astroke and lost most of his income, and Cap. One charged off the debt. Now attorney Blitt and Gaines are taking us to court for 854.0 plus court cost. We may be able to bring the originally $350 with us to court, but not $854. We don’t really dispute the debt, however, it was charged off. Now these vultures call us constantly and threaten and lye to us. Do we owe them or the credit card company?We only got summoned last night(7/21) and our court date is 7/30, which doesnt give us much time. What should we do?

Asked on July 22, 2010 under Bankruptcy Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to appear in court to answer the summons.  You can probably go down ahead of time and file an answer to the complaint.  You need to ask the clerk abut putting in an affirmative defense of "accord and satisfaction" and bring with you any documentation - letters, etc., - that the debt was charged off.  Also raise an affirmative defense of "lack of personal jurisdiction" which has to do with the service of the pleading.  It may not have been served properly.  Also raise "action is barred for failure to bring same within the applicable statute of limitations."  Once the matter is before the Judge you can explain your case.  Trying to settle is always an option.  It is easier before a Judge.  Good luck.


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