I had an account with this company and was making the payments the best that I could. Anyway it was charged off and now the agency that is handling it has had me served with court papers. Is it too late to work out a payment plan and what measures can I take to keep this from going to court?
2006-06-19 13:01:47 · 8 answers · asked by simplyelegant_1 1 in Business & Finance ➔ Credit
I would recommend finding an attorney if you can afford one.
If you can't try Legal Aid.
You "need" to answer that suit in the time given or they will get a default judgment against you.
You might take a look at all of the correspondence that the collection agency had sent you and also your credit reports to see if the collection agency had violated your rights in any way. If so, file counter claims with your answer.
If you file the answer on your own, you need to know your courts rules of civil procedures and use them when writing your answer.
Yes you can work out a payment plan before it goes to court, if the Plaintiff agrees. If you are planning on doing that, I would suggest trying to make an offer and see if they go for it.
Just make sure that if you come to an agreement with them, that it is filed in your case file.
Also, if you make a payment plan where you make monthly payments instead of a lump sum, be sure you make those payments or the case will be reopened.
Be sure to answer that summons!!!
I'm listing a site that lists links to every states RCP.
2006-06-19 14:31:05 · answer #1 · answered by echo 7 · 2⤊ 1⤋
There is no reason not to let it go to court. Go to Court and tell the Judge that you are willing to and have tried to work with the creditor. He will listen. Just show proof.
If it's small claims, you can easily handle it yourself. Don't ignore it, because they are probably shooting for a garnishment.
Bring all paperwork demonstrating your goodwill effort in steadily making partial payments.
Provide detail budget proving that what you sent them was you could afford.
Good Luck and FIGHT
2006-06-19 13:13:47 · answer #2 · answered by Paula M 5 · 1⤊ 0⤋
Contact the original creditor. Negotiate with them on settling your account. Always try to eliminate the collection agencies by going directly to the creditor. They have the power to negotiate your settlement.
2006-06-19 21:35:21 · answer #3 · answered by David H 3 · 0⤊ 0⤋
Call the collection comapny and explain your situation. But if you make payment arrangements with them - make the payments otherwise they'll serve you again! Also if you need to cry it might work
2006-06-19 13:11:16 · answer #4 · answered by jenn04201 2 · 0⤊ 0⤋
What would you you do if your employer paid you, "the best he could"? The same thing that's now happening to you.
2006-06-20 18:04:42 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Hire an attorney - NOW.
2006-06-19 13:03:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You had your chance.
I suggest you to sell everything you have (Including your bed)
2006-06-19 13:03:59 · answer #7 · answered by Anonymous · 0⤊ 1⤋
pay the bill
that would help a bit
2006-06-20 13:47:33 · answer #8 · answered by Anonymous · 0⤊ 1⤋