[rgmc1]

Like so many others on here, I too have been served with a summons/complaint for "DEFAULTING" on a credit card. I see the proper way to respond is to go to the county court house & file a notice of Intend to defend. Ive seen in a few posts by others about a DISCOVERY letter, what exactly is it's purpose & how could I benefit from this in my situation?

Several times I have spoken and written the credit card co. to see if they would agree to some kind of settlement but they refused. In the complaint they state that I WILLFULLY failed and/or refused to pay (which is false,I didn't purposely refuse to pay) could I put that in my defense along with disputing the amount I really owe (we know how they like to add all the fees)
Should I also state that I do not admit or deny the charges?


I have never been through this before & obviously cannot afford an attorney, I don't want to answer the summons wrong or do something that could jeapordize any sort of a fair settlement.
Any information or advice is GREATLY APPRECIATED ;)

[JudyKayTee]

I don't understand why you don't think you willfully refused to pay. Yes, we all know they add fees and interest but they are allowed to do so by contract and by law. Nowhere does it say that you can charge $X, not make payments and some time later pay exactly $X. You owe penalties, interest, fees.

What is your defense to the lawsuit? That will give "us" some idea what your response should be.

The creditor does not have to accept any arrangements other than those made originally. Some creditors are now taking the position that a second agreement is not acceptable because the debtor didn't comply with the terms of the original agreement. If they obtain a Judgment against you they are pretty much guaranteed payment.

[Fr_Chuck]

How many checks did you send them for payment, if you were not sending them money, then you refused to pay ? If they did not get their money, someone did not pay them.

If you agreed to pay, then they would be paid, unable to pay is also refusal to pay.

And they like to add the fees and legally can, so late fees, attorney fees and court fees and interst is all allowed in court.