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    sjmkalamazoo's Avatar
    sjmkalamazoo Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 22, 2008, 07:59 AM
    Should I try to settle now?
    I have a summons I received for a credit card debt, it is valid. My question is before it goes to court, should I try to settle with the law office? I mean will they let me make payments? Thank You
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Apr 22, 2008, 08:03 AM
    I'm certain they will set up a payment schedule; the alternative is to come up with a lump sum, which you may be able to substantially discount. Some attorneys use a 'consent judgment agreement', which allows you to make monthly payments, during which the case is taken off the trial calendar and no judgment is entered against you unless you default. If you default, all Hades breaks loose: levy, garnishment, etc.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Apr 22, 2008, 08:08 AM
    Hello s:

    I'm not as positive as George is about them being willing to set up a payment plan. You HAD a plan already that you didn't stick to. If they get a judgment, they can just waltz into your bank and empty your account. That would be easier than waiting every month for a payment that might not come. Plus, they want all those legal fees and court costs added on.

    If it were me, I'd hustle up some CASH and get rid of them totally. George is right, in that you may be able to settle for half with CASH.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Apr 22, 2008, 09:25 AM
    Quote Originally Posted by George_1950
    I'm certain they will set up a payment schedule; the alternative is to come up with a lump sum, which you may be able to substantially discount. Some attorneys use a 'consent judgment agreement', which allows you to make monthly payments, during which the case is taken off the trial calendar and no judgment is entered against you unless you default. If you default, all Hades breaks loose: levy, garnishment, etc.

    Depends on the law firm, of course, and often the firm has the debtor sign a Confession of Judgment at the time the "new" payment agreement is reached so if the payment is 10 minutes late - more or less - the creditor is standing there, papers in hand, ready to raid the bank account.

    And, yes, a default can make Hades look like a vacation resort - except I understand the beach is not totally sand.

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