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bellelulu · Mar 2, 2010, 10:21 AM

I have received summons in phx az, for a credit card debt. We have since negotiated with the "plaintiff" for a re-payment plan. Do we still have to file an "answer" to this summons (can I really trust them) we are within the 20 day filing period, but would like to save the $200 filing fee. Also if we need to file anyway, do I make reference to the re-payment plan we entered into?

excon · Mar 2, 2010, 12:08 PM

Originally Posted by bellelulu

(can I really trust them)

Hello belle:

They're going to want a judgment to back them up in case you don't pay. The court doesn't care that you've entered into a payment plan. If you don't answer, they'll get a default judgment, and if you do and have no defense they'll still get a judgment and the legal fee's you're going to pay will go up.

However, if your payment plan was negotiated with the idea that they wouldn't file suit, you need to be in touch with them again. This time get the agreement in writing.

excon

bellelulu · Mar 2, 2010, 12:39 PM

Waiting for agreement papers to come - so I guess the papers should state they will not file suit, thus don't need to file an answer? Thanks for any and all help I'm feeling a little out of my league and lost here!

excon · Mar 2, 2010, 12:59 PM

Originally Posted by bellelulu

Waiting for agreement papers to come - so I guess the papers should state they will not file suit, thus don't need to file an answer?

Hello again, belle:

Yes, the papers SHOULD state that they won't file suit... But they DID file the suit already and if you don't answer, the fact that you've got an agreement with them won't help you get the judgment set aside. That's what'll happen if the lawsuit proceeds WITHOUT you. If you don't answer they can ask for, and GET a default judgment. The first time you'll hear about it is when they empty your bank accounts and garnish your wages even though you've been paying...

Collection agency's are scumbags and NOT to be trusted. I'd spend the $200 filing fee.

excon

this8384 · Mar 2, 2010, 01:04 PM

Originally Posted by bellelulu

I have received summons in phx az, for a credit card debt. We have since negotiated with the "plaintiff" for a re-payment plan. Do we still have to file an "answer" to this summons (can I really trust them) we are within the 20 day filing period, but would like to save the $200 filing fee. Also if we need to file anyway, do I make reference to the re-payment plan we entered into?

I'm surprised they're charging you to file a response; that's not how my state works. Usually the plaintiff files the lawsuit and has to pay the filing fee; I've never heard of the defendant having to pay just to file an answer, whether admitting or denying guilt. And even if Arizona charges you to file, I can't believe it's $200 - what type of case is this, small claims or civil?

JudyKayTee · Mar 2, 2010, 01:26 PM

Is the filing fee the cost of filing the lawsuit against you (and you are paying legal fees in connection with collection) or the cost of an index number to file the agreement?

I'm surprised the creditor isn't proceeding to Judgment PLUS getting a signed repayment agreement. If they have both and you default they can immediately lien according with the laws of your State.

bellelulu · Mar 2, 2010, 02:10 PM

Civil lawsuit and I think it's the cost of an index number. So in filing the answer, do I reference the re-payment plan just in case to show good faith?

LisaB4657 · Mar 2, 2010, 02:14 PM

I would definitely file an answer and say in the answer that the matter has been settled and you are waiting for the creditor to put it in writing. Then hopefully the court will mark it as settled without a trial and the creditor won't have a judgment.

AK lawyer · Mar 2, 2010, 02:59 PM

Originally Posted by JudyKayTee

Is the filing fee the ... or the cost of an index number to file the agreement?
....

Originally Posted by bellelulu

... I think its the cost of an index number. So in filing the answer, do I reference the re-payment plan just in case to show good faith?

So in "phx az", they charge you to file an agreement? It appears to me that there is provision for creditors to file agreements when they want something in court in case the creditor fails to abide by the agreement.

Don't file the agreement, but definitely file an answer reciting that you have reached an agreement. In fact, you should probably attach your agreement to the answer.