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What are my options to respond to a summons concerning charged off credit card?

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  • What are my options to respond to a summons concerning charged off credit card?

    I could not pay on a credit card and it has been sold to a co. that has hired an attorney and sued us. What are my options to handle it? What kind of a settlement can I go for? Is it worth pleading my case with the attorneys office? Can I avoid a judgement in the state of Idaho?

  • #2
    Re: What are my options to respond to a summons concerning charged off credit card?

    I wish to inform you that you can follow 3 approaches:
    1. You can negotiate with the credit card company or the attorney of the company to whom the delinquent debt has been sold for a debt settlement.
    2. You can go in for credit card debt consolidation wherein a fresh loan will be undertaken on new terms to pay off the old debt.
    3. You can seek the assistance of a non-profit organization undertaking consumer credit counselling services who will assist you with a settlement by the lowering of interest rates.
    In this way you can professionally seeking assistance to reach a settlement with the creditors and avoid a judgment against you.

    AFF

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    • #3
      Re: What are my options to respond to a summons concerning charged off credit card?

      Are you absolutely certain it's an actual attorney's office? Check the information. Google it if you have to. Likely it is merely a collection agency posturing as an attorney's office, which is a violation of the Fair Debt Collection Practices Act.

      Make sure you appear at your court date. If you don't, you will lose by default. It is the burden of the plaintiff to prove you owe the money, and a good Consumer Protection attorney can assist you in making sure they do not win judgment. For instance, they must have (with them, in court, to present as exhibits) the documents that show all previous payments made on the account, the last payment made on the account (amount, date), the agreement that you signed with the ORIGINAL CREDITOR, along with the original application for credit, from the ORIGINAL CREDITOR. It's highly unlikely they will have these documents, and nobody from their offices will have had any personal knowledge of ever having received payments nor serviced your account.

      I strongly urge you to contact and attorney who specializes in Consumer Protection. Call around until you find one who does. It is well worth it, and many of these attorney work on a contingency basis.

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      • #4
        Re: What are my options to respond to a summons concerning charged off credit card?

        Please, ignore Affa's advice. Apparently the poster didn't read that you are already being sued.

        DO NOT follow their advice. NEVER negotiate a payment plan or payment of any kind with a collection agency, which is what this "attorney's office" more than likely is, in actuality.

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        • #5
          Re: What are my options to respond to a summons concerning charged off credit card?

          I also strongly urge you to make sure you appear at the court hearing on the date it's set for. All too many collection agencies win judgment because the consumer got intimidated by the whole court process and fail to show up, thus ensuring money they didn't even earn and AREN'T OUT, the money they greed for. It's difficult, when a consumer shows up in court, well prepared, to win their case. Please take the advice to at least talk to a Consumer Protection Attorney. Their assistance will be invaluable and may even get YOU money. For instance, if this is NOT an attorney who is suing you, or an attorney's office with an attorney representing that office, they can be sued for up to $1,000 for that violation of the FDCPA. That's $1,000 awarded to YOU. NOT them. They may just end up PAYING you money. Which is always a good result.

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          • #6
            Re: What are my options to respond to a summons concerning charged off credit card?

            I want to clarify my last post. I mean to say, it's difficult for collection agencies to win their case when the consumer they are suing shows up in court well prepared. So be well prepared. They will not win if you research wisely and gather all of your documents and ask for proof of all the right documents that they SHOULD have, but don't.

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