Should I accept an offer made by my credit card company?

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Should I accept an offer made by my credit card company?

I have been served with a summons and complaint re: my credit card debt. I have answered it. However, I am currently working with a debt relief company. Negotiators for the company have not been able to negotiate anything with my creditor. Creditor has offered me a payment plan that is out of my reach; they have not offered to lower my balance or debt that I have with them. Should I take their offer, or should I go to court and negotiate there? My only other option would be to file bankruptcy..

Asked on January 7, 2011 under Bankruptcy Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

Yes, I think that it may be in your best interest to go before a Judge or someone that may be in the courtroom that is there to help negotiate the matter to force a better settlement for you.  Generally speaking credit card companies are not the kindest of individuals and they play hard ball with the debtors to force unreasonable settlements.  Judge's will generally be understanding if you show a willingness to repay the debt but an inability to pay it at the rate the creditor wishes.  Bring with you the documentation as to your working with the debt relief company and anything you have that states that this creditor will not negotiate with them or you.  In fact I might send the creditor a formal letter documenting all that has transpired, your request to negotiate the debt and to pay it off and see of you get a response.  Send it by certified mail.  And bring it with you to court.  Good luck.


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