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-   -   Summons for credit card debt (https://www.askmehelpdesk.com/showthread.php?t=178268)

  • Jan 29, 2008, 07:45 PM
    Sammy5029
    Summons for credit card debt
    I live in Minnesota and I received a summons for a credit card debt requesting an answer within 20 days. I don't have the money to pay for the amount that I owe and am currently working on investigating my options for how to pay this money.

    I am completely unaware of this process and what the consquences are or what my rights may be. I would like to avoid a court date if at all possible. They requested I call them within the 20 days and wanted to get some knowledge on this process before I do so. Any insight on this matter is greatly appreciated.
  • Jan 29, 2008, 08:06 PM
    ScottGem
    First, you don't call them. You respond to the court that issued the summons with your intent to defend. You then send a copy of that response to the plaintiff. In the cover letter you request verification of the debt and their right to collect it. You can indicate that, if they can verify the debt, you would be interested in discussing a payment plan.

    There are a number of threads here that discuss this in more depth, I suggest browsing around.
  • Feb 3, 2008, 09:12 PM
    Helpman
    In court collection lawyer/agent may get touch with you and negotiate for payment terms. If you verify the debt and willing to pay, I advice you to go for it to avoid judgment
  • Feb 3, 2008, 11:13 PM
    JBeaucaire
    You don't mention amounts, so I'll toss out a figure of $2000. I'd use the time you have to scrounge, scrounge, garage sale, scrounge and come up with all the loose cash you can.

    If you can scrounge up near 50% $1000, (even 30%) then contact them and explain your situation. Offer them "most" of the cash ($800) you scrounged up (not all) and tell them you will get it to them in a lump sum immediately if they will agree to it 1) in advance 2) in writing 3) and settle the debt in full with no recourse.
    Let them negotiate you up the amount of cash you raised and call it "uncle"... say no more. They'll settle. Be sure to mention how you're trying avoid bankruptcy, a situation that would result in them receiving zero.

    Good negotiating! You can do it. People get this every single day.
  • Feb 4, 2008, 08:17 AM
    Brenok
    First of all, request validation of the debt before you just up and offer settlement. Check the threads here for validating debts, especially with debt collectors. Don't contact them or offer payment until you study the posts here about validation and your rights. If they don't validate properly or provide documentation to support their claim, you have a right to prepare an answer to the summons. There are also samples of answers also here and on many other debt sites. Is the amount correct, have they boosted it with charges and interests, etc. Is the plaintiff your original creditor? Has the debt collector/creditor provided proof you had any contract/agreement with them? How old is the debt, is it past the statute of limitations? This will take a lot of research effort on your part but I suggest you spend the time researching before you just give in and settle. I am not suggesting you avoid your debts, but you do have certain rights against debt collectors.

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