Should I contact the attorney representinga credit card companyto settle out of court or is it better to present a settlement in court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I contact the attorney representinga credit card companyto settle out of court or is it better to present a settlement in court?
I received a summons to appear in court from a law firm representing a debt collector for $1400. Should I try to settle out of court or is it better to present my case in court? On the summons it does not have instructions on how to answer the complaint; it just states to appear in court.
Asked on June 27, 2011 under Bankruptcy Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I guess that being an attorney I should tell you that you should contact the attorney first to discuss a settlement - and I do think that that is the case. You have to make a good faith effort to settle he matter before you go in to court. But I have met many an attorney for a debt collector that loses sight on the humanity in a situation and that people fall on hard times. And I feel that credit card companies make it too easy for people to obtain an unrealistic credit line and that the in part help to put you in the position you are now. So go to the court house and ask the clerk to file an answer. File an answer with a general denial. Assert an "affirmative defense" of improper service and if you think that the amount is incorrect, that too. Then call and try and settle. They will want too much money I am sure but you made the effort. Try and whittle them down. No judge will make you go in to debt paying off the debt. That is a given. If you can get them down to a reasonable payment then do it. But if you can not wait until you go before a Judge and explain that you tried to settle but they want too much money that you can not afford. Judge's are reasonable people - most of the time. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.