Summons for Credit Card Debt . What do I do

Discussion in 'Other Debt, Collection, Garnishment' started by dldean4, Dec 9, 2010.

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  1. dldean4

    dldean4 New Member

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    I am being sued by a law firm that now has my credit card account from a previous collection agency. My last payment on this account was March of this year. I stopped the auto payments from my checking account because someone was illegally withdrawing funds from it. I sent in a letter to the collection agency to verify their address to mail in my payments. I heard back three months later from this law firm requesting I pay the full amount. Which I could not pay. The second notice from them was the court summons. They are asking $1400 for the first payment and $560 every month until the account is paid off. I cannot afford that with my other debt. How do I prepare for court? If I send in $150 until the court date is it likely the judge will still garnish my wages? I owe $13,600.00 on the account but fees are still being added. I have no idea what it is now.
    If my wages are garnished I will be forced to file for bankruptcy which I am trying to avoid. I want to pay off my account but I cannot pay what they are asking. What do I do.
    Thank you kindly
    Dedra
     
  2. mightymoose

    mightymoose Well-Known Member

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    If this is already headed to court then your best bet is to show up for court, acknowledge the debt if it is truly yours, and make clear to the judge that you intend to pay and can pay. If you are being cooperative then the judge should set up something affordable for you.
     
  3. dldean4

    dldean4 New Member

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    The law firm did say if I come up with the first payment of $1400 the case will not go to court. Should I pay what I can now and wait to hear what the judge sets for me or try to save up the $1400 in hopes they will lower monthly payments I can afford?
     
  4. mightymoose

    mightymoose Well-Known Member

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    you may not be dealing with an actual law office, rather a collection agency.
    Sure, you can try to work out an agreement with them to avoid court. If they know you are willing to pay then they might like to avoid court too. You can give them what you don't have though. Coming up with $1400 may not be reasonable, but resuming a regular payment of a reasonable amount that will actually pay down the debt might be all they really want.
    They know that even if they go to court and a judge orders you to pay $1400, if you don't have it they won't get it. Just do your best to negotiate and then stick to the plan. Be sure to get any agreement in writing, and don't let them keep piling on fees that just work against the payments you make.
     
  5. harrisdaniel

    harrisdaniel New Member

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    This is a wonderful opinion. The things mentioned are unanimous and needs to be appreciated by everyone.keep up the good work. I read a lot of forums on a daily basis and for the most part, people lack substance but, I just wanted to make a quick comment to say I’m glad I found your forum. Thanks

    Solve My Debt
     
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