Ask Experts Questions for FREE Help !
Ask
    jr77's Avatar
    jr77 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Aug 30, 2007, 08:28 AM
    I amm being sued
    I am being sued for non-payment of a credit card debt from 6 years ago. I just received the court papers yesterday. I definitely do owe them this money (about $ 630) and I want to pay it. However, I cannot pay it all at once... I can barely pay my rent as it is! I want to do the responsible thing but I don't know if I should contact the plaintiff's attorney. Is it required that I respond to the Court? I want to set up a payment plan if possible with the Plaintiff but I don't know if I should even try to contact them or are they going to just bully me over the phone?

    Should I try to contact the plaintiff's attorney to maybe negotiate a payment plan?

    Why wasn't there a court date on the notice I received from the Court?

    Any advice is very much appreciated. Thank you so much!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Aug 30, 2007, 08:38 AM
    Yes you NEED to respond to the court by filing an Intent to Defend. If you don't they get a default judgement, which means they can garnish your wages and attach your bank accounts. The reason there was no court date is that you must first file an Intent to Defend.

    File the Intent, then demand that the creditor produce proof of the debt and their right to collect it. When they see that you are going to fight, especially if they don't hasve the documentation, then might offer a settlement.
    jr77's Avatar
    jr77 Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Aug 30, 2007, 09:26 AM
    Thanks so much Scott for your time - But if I plan to plead guilty and not challenge the plaintiff do I still need to answer the Court? And do you think I should contact the Plaintiff's attorney?
    usersock's Avatar
    usersock Posts: 7, Reputation: 1
    New Member
    		  
    #4

    Sep 12, 2007, 11:33 PM
    I know this is an older question, but I'd like to give a bit of into of the statute of limitation. It very well may be up, meaning you can (or could have) have the lawsuit dismissed.


    SoL law for Cali:
    Written agreements: 4 years, calculated from the date of breach.

    Oral agreements: 2 years.

    The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.
    jr77's Avatar
    jr77 Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Sep 18, 2007, 09:27 AM
    I think it's 6 years for New Jersey - I was able to make payment arrangements with the attorney for the plaintiff so I won't have to go to court!
    usersock's Avatar
    usersock Posts: 7, Reputation: 1
    New Member
    		  
    #6

    Sep 18, 2007, 09:31 AM
    Wow I have no idea where I pulled Cali from. I must have had this post confused with another. You didn't even list a state. My bad :P
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Being sued [ 2 Answers ]

My husband had started a small business putting in irrigation wells and was contacted by a lady that wanted a 4 inch well. She insisted on a submersible pump that was two horse power. My husband was very honest with her and told her he had never put in this type of well but she still wanted him...

Getting Sued [ 4 Answers ]

Rented an apartment to a person, and lease has expired and not being renewed, tenant still living in the apartment without a lease and has not paid for 3 months, allegedly fell and broke an arm and now is suing me. Do I have a serious Lawsuit in my hands now?

I am getting sued [ 9 Answers ]

I was driving a car that was not under my name but my dad name and my name was not on the insurance and I got in a car accident :mad: by another car but my dad insurance is not paying for the other car that I got in a accident with and my dad is getting sued by the girl I got in a car accident with...

Being sued [ 3 Answers ]

Being sued need to know my rights. What happens in court, what to say in court, how much can they take,I`m single parent .

Being sued by cc in nj [ 1 Answers ]

I have just been told by sears that they are going to file a suit to get back 3200 dollars I owe them. I put sears into a debt consolidation program back in June. Im using CDS as my consolidator. I did not know until today that sears did not accept the offer CDS propossed. Now sears wants the full...

View more questions Search