Could I settle with the debt collector...

by Jorge
(Will County IL USA)

I received a small claims summons from JP Morgan credit card in Illinois the court date is on 12-01-2010 should I get in touch with the collector to settle even though I have a court date?

Comments for Could I settle with the debt collector...

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Nov 10, 2010
settling debt before court date
by: Gerri

You certainly can try to settle with them before it goes to court. I also recommend, however, that you consider at least talking with an attorney so you can prepare for your court date. Sometimes creditors or collectors do not carefully prepare each individual case, and if not, that may allow you to raise their mistakes as a defense.

Do not fail to show up for the court date. If you do, they will automatically get a judgment against you and that opens up new avenues for collection.

If you aren't sure how to handle this, you may want to at least get a a free consultation with a bankruptcy attorney before you go to court. The attorney should be able to tell you what income and/or assets you own may be at risk if the card company successfully sues you. The attorney can also tell you if you are "judgment proof" which means there is nothing they can really go after if they do sue you and win.

We would also recommend you read our pages that describe what to do if you are
being sued for a debt.

Aug 16, 2011
want to repay but collectors refused
by: Anonymous

I am currently unemployed and my husband is disables. We got a summons today stating that we were being sued. I called the collection company and explained to them that I had filed financial aid from the hospital and was approved. the gentlemen stated that this bill was not included. I explained our situation and said I could pay him 25.00's a month until I get a job in which I would increase the amount. He refused and hung up. I am tempted to send in the money with a letter and return receipt. Will this go well in court for me? showing I am at least trying?

Reply from

Please try to talk with bankruptcy attorney as soon as possible. Given the fact that you are unemployed and your husband is disabled you may be judgment proof - which would be very helpful for you to know going into this.

In addition, you may be eligible for charity care. Is this a public hospital? I would suggest you visit for some advice on this bill. (But don't let that distract you from getting legal advice. You still should at least talk with an attorney.)

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