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-   -   Being served for a debt (https://www.askmehelpdesk.com/showthread.php?t=328790)

  • Mar 13, 2009, 12:05 PM
    jlcul
    Being served for a debt
    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?
  • Mar 13, 2009, 12:22 PM
    ScottGem

    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.
  • Mar 13, 2009, 01:28 PM
    jlcul
    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.
  • Mar 13, 2009, 01:34 PM
    ScottGem

    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.
  • Mar 13, 2009, 02:00 PM
    jlcul
    Because I just don't like the court thing, I have never been to court.
  • Mar 13, 2009, 04:19 PM
    ScottGem

    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.

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