I r'cd a notice to appear for pretrial conference from an attorney representing a cc company that I defaulted on. I'm not exactly sure when I last paid on the account, but it has been years, 3 or 4 from what I estimate.

My question is this: Is it worth hiring an attoney or should I attempt to settle? I have no $$, have been working, but my husband has been out of work for almost 2 years, picking up odd jobs here & there. I support a family of 4.

This is so embarrassing, but I really don't know what to do. I am in Florida...

Thanks for your response.

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Originally Posted by deniseusf

I r'cd a notice to appear for pretrial conference from an attorney representing a cc company that I defaulted on. I'm not exactly sure when I last paid on the account, but it has been years, 3 or 4 from what I estimate.

My question is this: Is it worth hiring an attoney or should I attempt to settle? I have no $$, have been working, but my husband has been out of work for almost 2 years, picking up odd jobs here & there. I support a family of 4.

This is so embarrassing, but I really don't know what to do. I am in Florida.....

Thanks for your reponse.

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I would appear and determine if the debt is out of Statute or not. If it's in your name alone and the company gets a Judgment against you they can only collect on what you have in your name or whatever is joint.

Inability to pay, unfortunately, is not a defense.

Occasionally at a pretrial conference financial info is disclosed and the creditor settles for a Judgment and then waits quite a while - the cc company would have years - to collect.

Remember to go the hearing, Now this is important, it only the attorney is there, move the ocurt to dismiss the hearing, you have the right to cross examine the plainitiff, to face you're the claimiant, attoreny cannot testify for their client, that is hearsay. Even thought this is a pretrail conference, they still must follow the rules.

Also, do not admit or deny anything until they produce the orinigal contract your signed, no contract, no claim. Simply state, " I cannot admit or deny unitl the plaintiff verify they claim."

Hearing are all about procedure, don't let them trick you.