Lawsuit options

Date: Thu, 01/27/2011 - 10:57

Submitted by anonymous
on Thu, 01/27/2011 - 10:57

Posts: 202330 Credits: [Donate]

Total Replies: 3

I was served with a lawsuit early last year and have went all the answers and responses to their requests and have sent my requests for information. When I received their responses for my request they sent a years worth of credit card statements. That is all they have sent showing that it is my account. Had a pretrial conference coming up but they have requested to be dismissed from the conference and said they are going to file a summary judgement. What options do I have now? I'm sure they are my statements so should I just wait for the summary judgement and try to argue the point if they actually have the right to collect or should I offer up a settlement and payment plan before they get the summary judgement in to the courts? Any ideas?

You should try and negotiate with them for a settlement plan bef

You should try and negotiate with them for a settlement plan before you receive a summary judgment. If the creditor accepts your request, it will be easier for you to pay off the dues and there won't be any summary judgment against you.

lrhall41

Submitted by Anna Sweeting on Thu, 01/27/2011 - 20:08

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If I try to settle with them I guess that means I will have to s

If I try to settle with them I guess that means I will have to sign some sort of consent judgement. What's worse? Summary Judgement or Consent Judgement? Guess maybe a consent judgement might allow me to make payments instead of having them get into garnishment talks. Does a judgement show up on a credit report? Not like I have good credit by this time anyway, but just asking.

lrhall41

Submitted by anonymous on Sun, 01/30/2011 - 07:53

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a summary judgment and a consent judgment are just as bad as eac

a summary judgment and a consent judgment are just as bad as eachother. the reason i say that is that they both allow you a very small chance of vacating the judgment, at least as compared to a default judgment. and yes a judgment will appear on your credit report. my suggestion is to try to establish a settlement or an arrangement that allows you to avoid a judgment. if you're able to pay it off quickly enough you might have some luck in that regard.

lrhall41

Submitted by anonymous on Sun, 01/30/2011 - 11:30

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