I am being sued by a collection agency through their attorney?

Question

I was served papers -" to appear by filing a written answer the petition of plaintiff" How do i do this? I cannot afford an attorney (it was a credit card co charge-off and i wrote a cease letter to collection agency 8 months ago)

Answer 1

If you were served papers that you are being sued, if there's a court date then you need to attend. If you don't attend the other party (the collection agency) will win by default!

Just because the original debtor placed it as a charge off doesn't mean you don't have to pay! The collection agency has every right to sue you for a debt you have not paid!

If you fail to show up, then you will automatically lose!

If you take the advise of some of the other posters and simply do nothing, you will owe the full amount! If you show up at least you can explain your case and try to settle for a smaller amount and set up payments right there!

Answer 2

If it is court papers then your being sued and will lose. Call the attorney and explain the situation and provide proof the credit card company agreed to the charge off. If you can't prove it, then it didn't happen. Credit card companies lie all the time so they may have told you it was a charge off but will deny it if it isn't in writing.

As for the form, go to http://www.uslegalforms.com/ and buy the form you need. Send it to the court with a copy to the attorney.

Answer 3

You were served? Did someone appear and give you the papers, or were they mailed to you? It sounds like someone is trying to trick you with a scam, do the documents have your state seal on them?

Charged off credit cards do not mean that they can't collect the debt. However, the likelihood that they actually filed a lawsuit against you is so tiny, I have to think someone is lying.

Worst case scenario, don't show up in court and they will get a judgement against you. A judgement is not money in the hand, just like a bad debt is not. Wage garnishment is pretty much impossible for bad credit card debt.

You should read my answer on fixing bad credit.
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Answer 4

The collection agency has every right to hound you for money. Unless the cease letter was written from an attorney, your letter won't do any good. If your credit card was charged off, you still have to pay unless you file bankruptcy.

Answer 5

The written answer should contain the case number it was given the court it is being tried in the parties involved and your answer to the charge. Then go to the clerk of that court and introduce it into the records. This means give it to the Clerk of Courts they will time and date stamp it and file it.
Also bring a copy for you and one to send the opposing attorney. They all should be stamped

Answer 6

If it was a charge-off, then you don't need to worry about it. Even if a credit card is past the statute of limitations or has been charged off, the creditors can still attempt to collect the debt. Check the statute of limitations for your particular state on www.ihatedebt.com before you do anything. If you attempt to start paying them now, the statute of limitations will start all over again. Don't worry, this is just one of the many scare tactics the credit card companies use--and usually get away with. Good luck.

Answer 7

oftentimes hospitals will basically do fee plans for 6 months. i think which you probably did not extremely have an settlement with the scientific institution for this fee plan yet have been basically sending them some funds. The scientific institution had each and every ideal to can charge off the debt and sell the debt to a team company. Hospitals basically don't have the staff to handle guy or woman account receivables. it somewhat is basic for hospitals to teach money owed to sequence companies even while there's a fee settlement. Hospitals do not record to the credit bureaus. It expenses funds to join the credit bureaus (that are inner maximum companies -- not government) and hospitals have not have been given any would desire to apply credit bureaus. sequence companies could record the debt to the credit bureau. yet there is unquestionably NO requirement for all and sundry to record something to the credit bureaus. My guess is that the debt became offered to a sparkling sequence company who tracked you down. you may touch them and artwork out a settlement. you would be able to nicely be waiting to settle for below the completed stability in case you return up with a lump sum fee. in case you have truthfully gained a summons, they are going to insist on your signing a consent judgment for any fee plan. That way in case you default on the fee plan, they are able to apply the judgment to collect. in case you're searching for a loophole to get out of the lawsuit, overlook it. you will desire to respond to the summons interior the time distributed. do not difficulty claiming the scientific institution wrote off the debt and no person advised you it became in collections. That ain't a protection for not paying.

Answer 8

dont worry they use scare tatics..if they sent the card to you unsolited then they cant do anything..collecting agencies are trying to scare you..also an attorney will not charge you for the first visit and will give you advice..in the mean time do not under any reason talk to them no talk at all..send 5.00 a month and never explain anything..again do not answer any call from them hang up

Answer 9

When you go to Court ask the judge or anyone if you can "FILE A SLOW PAY MOTION" Call an attorney in your local area to get the meaninng of that if you do not know what it means. Legally, you have to have a law license before you can give legal advise.

Answer 10

You go to court, and explain your circumstances to the judge. Try to get the payments to a price you can afford. (Don't lie, don't tell them something, they may want to hear.) Pay off the debt as quickly as possible, and don't default on it. If you default, they will garnish your wages.