Here are the basics of my situation, I need some help with what is the best way to proceed...
- 2004 got a student loan/cash loan in my senior year of college for $3000
-2004-2008 went to grad school
-2008-present been making payments on this loan fairly consistently
-Last year my son was born 10 weeks premature and we incurred alot of medical bills
-Slacked on my loan and it ended up going into default
-was notified this january that it had been passed over to this attorney Kramer and Frank
-Told them I was in the process of trying to get my loans consolidated and would talk to them in february
- was not able to get things figured out by then and did not call them
-yesterday I receive a summons saying i am being sued for around $3500. $3100 principal plus some late fees and initial court filing fees
-Contact Kramer and Frank to see what my options are
-They tell me that my only options are to pay the balance in full
- I told them I cannot do that and they said then we have to go to court
- i asked them if i could pay half this week and the rest later
-she says yes you could pay half Monday and the other half within 30 days and they will ask the court for an extension
- since then i have decided that i will not be able to do that without getting very behind
- i am planning on calling her monday and telling her that and going from there
I know that the debt is legit, but I am not 100% sure if the dollar amount is correct. I contacted the original loan company and they said they have no information any more and it has been sent to their "legal department" ie Frank and Kramer
So what should I do?
-Try and work out a payment plan over the phone with her?
-Try and work out a payment plan with the attorney on the court date prior to going in front of the judge?
-Take the case to the judge and admit that I owe them money but don't believe they have the correct amount considering I have been making payments over the last couple of years prior to defaulting.
My main thing is I want to prevent garnishment, bank accounts being frozen and also have some protection from this company taking advantage of me. If I reach an agreement with attorney prior to seeing the judge is that considered a consentual judgement?
What do you guys think? This is in Missouri if that makes any difference.
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