What can I do to take care of this quickly and without going before a judge, and should I answer before seeing a lawyer?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do to take care of this quickly and without going before a judge, and should I answer before seeing a lawyer?

I was just served with papers letting me know that I am being sued for the balance on a credit card. I haven’t used the credit card in over four years. My ex fiance had tons of charges on the card from where he ran out of money on vacation to texas to see his family but our agreement was for him to take care of those and make sure to cancel the card. I never recieved any mail to my knowledge , although I have moved several times since. The address on the summons is somewhere I haven’t lived in forever. Can I set this up on a payment system just to get it taken care of and out of my hair?

Asked on June 24, 2009 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You should be able to work something out. Contact the card issuer (or their collection agency, if its an agency that has contacted you), explain the situation, but also that you do not intend to default on the debt. Ask to both set up a payment schedule and for some reduction or discount on the debt--it's not a guarantee you'll get it, but no harm in asking. (Or alternatively: offer them either a payment schedule for the full amount over time, or to settle it all in one lump sum at a discount.)

It is VERY likely they'll agree. If not, put all the facts, including your offer, into a registered letter and send it to them, keeping the receipt. If they insist on suing you, you can show that you have in all ways acted reasonably and properly while they are refusing to settle the matter. You'll have an excellent chance of getting the law suit dismissed early on, and may even be in a position to bring a counter suit for their harassment of you and their pursuit of a completely unncessary law suit.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption