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    jr77's Avatar
    jr77 Posts: 3, Reputation: 1
    New Member

    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

    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

    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

    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

    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

    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

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