Log in

View Full Version : Being served for a debt


jlcul
Mar 13, 2009, 12:05 PM
I have a $750 debt that I agreed to make $50 payments on, now find out that they did not accept that but want $75 a month now. Someone is trying to serve me on this debt. I called the collection company and they said they were and I need to make a new payment arrangement with them for the $75, so I did and I made my March payment at the same time. Can I avoid being served since we negotiated a new payment? And if they do find me and serve ne do I still need to go to court? Will these papers have a court date on them, or do I get a chance to respond first?

ScottGem
Mar 13, 2009, 12:22 PM
Did you get the agreement in writing?

Yes they can still serve you unless you have a settlement agreement in writing that specifies they will suspend the suit.

But its more likely, they will pursue the suit, get a judgement and not act on that judgement as long as you adhere to the agreement. But if you miss a payment then will use the judgement to collect.

The summons will have indformation about how to respond. A judgement will not be issued without a hearing.

jlcul
Mar 13, 2009, 01:28 PM
Can I avoid the server and if so what will happen.. So far he has left his card on my door. Also I do have the new agreement in writing. They did say the new agreement would be court monitored and I could not be late.

ScottGem
Mar 13, 2009, 01:34 PM
Why would you want to? If you avoid service they are going to think you will duck out on the agreement. Get it over with.

jlcul
Mar 13, 2009, 02:00 PM
Because I just don't like the court thing, I have never been to court.

ScottGem
Mar 13, 2009, 04:19 PM
None of us like being dragged into court. But you should have thought of that before you initially defaulted on the debt.

If you continue to try and dodge the summons it gives the plaintiff doubt that you will fulfill your agreement. I suspect that's why they upped the payment in the first place.

Eventually you will be served but maybe in a way you won't know about it. Either way they WILL get a judgement so accept the inevitable.