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KM101 · Dec 27, 2008, 05:48 PM

I have read through several posts concerning this topic, but they are all for large sums of money. I was just served today with papers to appear in court over one credit card that is in default for $1600. With the current attoney fees and interest, the total of this bill (they claim) is over $2300. So I was not sure if the answers given to those with over $6-10K worth of accounts being sued for would be the same for me and my smaller amount.

My question is, according to the way things work in Florida, would it be better to try to come to a repayment agreement now before the court date, wait until then and try to reach an agreement through mediation, or look for legal and/or credit counseling immediately? I have read several different message boards and have seen several posts listing the pros and cons of each, and this has me frightened. My initial thought was to just call them Monday and see what can be worked out prior to the court date appearance, but after reading some of the posts claiming this to be the most expensive route to take and there are no guarantees that the account will be completely closed and could come up again in the future, now I am concerned.

Thank you for any information and/or suggestions!

ScottGem · Dec 27, 2008, 06:13 PM

First, the amount doesn't matter. And there are plenty of threads that deal with smaller amounts in the low thousands.

The question is how sure you are that the plaintiff can verify the debt. If you feel they can, then you should try to negotiate a settlement before you go to court. You still want to answer the summons with your Intent to Defend and then send a copy to the plaintiff with a request for verificaton. But you can advise them, that if they can prove the debt is valid you are willing to negotiate a settlement.