What can I do to take care of this quickly and without going before a judge, and should I answer before seeing a lawyer?
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What can I do to take care of this quickly and without going before a judge, and should I answer before seeing a lawyer?
I was just served with papers letting me know that I am being sued for the balance on a credit card. I haven’t used the credit card in over four years. My ex fiance had tons of charges on the card from where he ran out of money on vacation to texas to see his family but our agreement was for him to take care of those and make sure to cancel the card. I never recieved any mail to my knowledge , although I have moved several times since. The address on the summons is somewhere I haven’t lived in forever. Can I set this up on a payment system just to get it taken care of and out of my hair?
Asked on June 24, 2009 under Bankruptcy Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You should be able to work something out. Contact the card issuer (or their collection agency, if its an agency that has contacted you), explain the situation, but also that you do not intend to default on the debt. Ask to both set up a payment schedule and for some reduction or discount on the debt--it's not a guarantee you'll get it, but no harm in asking. (Or alternatively: offer them either a payment schedule for the full amount over time, or to settle it all in one lump sum at a discount.)
It is VERY likely they'll agree. If not, put all the facts, including your offer, into a registered letter and send it to them, keeping the receipt. If they insist on suing you, you can show that you have in all ways acted reasonably and properly while they are refusing to settle the matter. You'll have an excellent chance of getting the law suit dismissed early on, and may even be in a position to bring a counter suit for their harassment of you and their pursuit of a completely unncessary law suit.
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