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 Posted: Tue Jan 15, 2008 12:26 pm Subject: received a summons |
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what happens once a debt is referred to an attorney and a summons is served? i spoke with the original creditor who says everything now has to be handled through the attorney.
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saritaroberts
Joined: 15 Jan 2008
Posts: 2
Debtcc Points: 73
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| Posted: Tue Jan 15, 2008 12:28 pm Subject: |
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You can try to settle with the attorney prior to court. If not be sure that you show up. Some states will have you sit with a mediator to reach an agreement prior to trial to avoid a judgment
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frogpatch
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Joined: 09 Apr 2007
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| Posted: Tue Jan 15, 2008 3:24 pm Subject: |
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I too was served a summons on a cc debt. I called up the legal department of the creditor and we worked out a solution without going to court. I felt that if I could set up a payment plan without my wages being garnished, I could pay more when I could and get it paid off faster thus saving me interest.
If you can really try to work something out before it goes to court but if you do go to court it is not the end of the world. There are many people in your situation. You are not alone in this.
I hope you will find some comfort here.
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Guest
Debtcc Points: 100
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| Posted: Tue Jan 15, 2008 3:43 pm Subject: |
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I had one several years ago and I called the attorney and we set up a payment plan that I could afford. They were actually more willing to help then the actual credit card company. My debt for them is now paid and I never had to go to court over it.
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landrylou
Joined: 04 Nov 2005
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| Posted: Tue Jan 15, 2008 7:03 pm Subject: |
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A huge percentage, probably 80%+ of lawsuits in the USA get settled out of court. A lawsuit is not really a very effective way to collect on unsecured debt. It takes time, and time is money. I personally have never seen a company NOT settle. Most are willing to take 50%, some up to 70%it depends a lot on what state you live in.
In fact, if they refuse to settle, that can be a defense in court. "Well I tried to resolve this Judge, they just prefered to waste your time"
What state are you in? Each state is different.
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rstimson
Joined: 05 Dec 2007
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