View Full Version : Being sued for credit card debt
Kiwis
Aug 19, 2010, 04:41 PM
I am being sued for Credit Card Debt. My situation is very similar to one that is posted. Should I contact the lawyer directly with a letter and offer them 30% of the debt or contact the company who is working for the credit card company which is a recovery company? I'm guessing the lawyer since they are doing all the leg work for both the credit card company and the recovery company.
Kiwis
Aug 19, 2010, 04:59 PM
Just got a summons and was told I need to reply with a written response with in 30 days using an Answer Contract. I've printed the form out but is there anything I should or should not write down?
ScottGem
Aug 19, 2010, 05:07 PM
What you should do is first respond to the summons with your Intent to Defend. Then send a copy of that response to the plaintiff asking for verification of the debt. Include in that letter a statement that, if they can verify the debt, then you would be interested in discussing a settlement.
Clough
Aug 20, 2010, 12:10 AM
Hi, Kiwis!
We might be able to give you some ideas here. It's possible that some people here might have been in a similar situation as you. But, please know that no opinion given here is legally binding and that if you need advice of that nature, it would be best to consult with an attorney.
Also, it would help to know what might be being asked on the Answer Contract. Without knowing that, I don't know how anyone could even venture to guess what should or should not be written on it.
Thanks!
Kiwis
Aug 20, 2010, 10:01 AM
When you mean send the letter to the plaintiff would that be the company that is trying to recover the money or the lawyers office who is representing the recovery company along with the credit card company. I have two possible addresses.
Kiwis
Aug 20, 2010, 10:11 AM
Answer Contract: check one box: a. defendant generally denies each statement of the complaint or cross-compaint. (Do not check this box if the verified complaint or cross-complaint demands more than $1000) It's more than $1000. b. Defendant admits that all of the statements of the complaint or cross-complaint are true Except: 1. Defendant claims the following statements are false (explain) 2. Defendant has no info or belief that the following statements are true, so defendant denies them. (explain) 3. Affirmative Defenses defendant alleges the following additional reasons that plaintiff is not entitled to recover anything. 5. Other 6. Defendant Prays a. that plaintiff take nothing b. for costs of suit. c. other (specify)
ScottGem
Aug 20, 2010, 10:55 AM
First, please use the Answer This Question option to post follow-up. Do not start a new thread. I've merged your threads for you.
The plaintiff is listed on the summons as the entity filing suit against you. They should be clearly marked as the plaintiff.
From what you listed I wouldn't check any box. I would respond that you can neither confirm nor deny the suit until you are provided with verification of the debt.
Kiwis
Aug 20, 2010, 11:28 AM
Thanks for the great info!!