[Mrs.Oklahoma]

I received a summons for a credit card suing me for $4465.66 owed. I will have that amount in full in February with my tax return. Im unclear on if there are any rules for negotiating. Do I offer a payment plan instead of garnished wages or do I offer to pay the full amount that day minus the court costs and legal fees? I want to pay what I owe but I have paid double this amount to them already in the fees and crazy interest rate they have charged me over the years and I don't want to go to court and get the same deal I would get if I don't go at all. Help me find a strong but fair course of action.

[ScottGem]

If you have received a summons then you can certainly negotiate with the plaintiff or creditor. They might not be willing to wait, however, unless you can make a good faith partial payment.

You still need to answer the summons to the court.

[Fr_Chuck]

You may always try and deal, but remember once they have the judgement, they can merely garnish your tax return and bank accounts and get all their money plus attorney fee, plus court costs and more.

So they have little reason to deal for much less than payment in full.

[Mrs.Oklahoma]

When I answer the summons should I just agree to all or should I deny lack of knowledge to fully answer and leave the burden of proof with the Plaintiff for amount of balance and original signed contract?

[ballengerb1]

If you know this debt is yours the credit card company will have little trouble proving the debt. Once you make them prove the debit they will be much less likely to make any deal with you. When was the last payment made on the debit, how long ago?

[ScottGem]

You don't agree to anything until they have proved it.

[sbrown127]

Answer the summons in the 20 to 30 day time. File for discovery and if they can prove the amount is correct ask for arbitration under your card holder agreement. I'd only offer .50 on the dollars... they'll take instead of spending the $2000.00 they have to put up for arbitration.