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    Andre Foux's Avatar
    Andre Foux Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Nov 12, 2006, 03:08 PM
    Summons for Credit Card Debt
    I received a summons to appear in pre-trail court due to $5,000 of credit card debt. I own this debt. I have a large sum of credit card debt and am considering bankruptcy. How can I avoid a trail and possible judgment? I thought about offering the company $1,000 to settle debt.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Nov 12, 2006, 04:53 PM
    You really think they will settle for 20%? Doesn't hurt to try, but I wouldn't count on it.

    If you are going to file for bankruptcy, now is probably the time to do it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Nov 12, 2006, 05:13 PM
    You need to show up and have a plan in place to start making payments to them. I also doubt that they will accept only 20 percent, but how much of that 5000 was fees and interest and how much was actual payments out. They will want at least the amount they paid out and a reasonable interest. 1/2 would be most likely a closer figure.

    And often they may take the risk of you filing bankruptcy esp now since it is harder to do with the newer laws in place. So they can normally get a judgement and attach your bank accounts and get a garnishment to get some money before you ever get the bankruptcy filed.

    So they will most likely already know about how much your bank account balances are, and what you make at your job.
    So they will bet on about how much they can get before your filing can go into place
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #4

    Nov 13, 2006, 04:50 AM
    Try to settle with them, but when you go to court, demand to see the original contract. This is important, if they don't have the contract with them, there is no contract, "NO CONTRACT . NO CASE."
    I have seen any people who when to court and never ask to see if the had the original contract, court just order judgment for them without proof.

    Demand you rights. Produce the contract.
    posheak's Avatar
    posheak Posts: 51, Reputation: -1
    Junior Member
    		  
    #5

    Nov 13, 2006, 02:07 PM
    Im sorry to hear that dearie
    You can try to offer them anything to settle the debt but knowing these companies, they will not settle for less easily. If you are considering bankruptcy let them know that this is going to be the next step and maybe they will go for the grand.

    Hope this helps somehow
    Andre Foux's Avatar
    Andre Foux Posts: 6, Reputation: 1
    New Member
    		  
    #6

    Nov 29, 2006, 01:12 PM
    Thank for the information. Now I've gotten the company's lawyer to agree on a 75% settlement figure. But still told that my credit report will still show me owing the balance and I will still have to go to court. I thought a settlement made the debt go away... someone please explain.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #7

    Nov 29, 2006, 03:57 PM
    Once you pay the agreed upon amount the credit report should show the debt paid but a settled amount.
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