Credit Card Debt - Should I Let Them Sue Me?

when you receive a summons to appear in court,should you show up or should you ignore it?unemployed and have no money to pay debt,should i allow a default judgment and wait out the storm? phoenix az.

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Apr 06, 2010
 Should I show up in court if I've been sued for a debt?
by: Mary

Thanks for submitting your debt collection question on our Q&A page.

So sorry to hear that you are unemployed and that you have been sued by one of your creditors. I hope things get better for you soon.

As for what you should do in regards to the lawsuit, I don't advise ignoring the summons and not showing up in court. If you do you forfeit your right to tell the judge about your situation and why you've fallen behind on your financial obligation, which could affect the outcome of the lawsuit against you. Also, if you show up in court, the creditor (or debt collector) that has sued you will have to try to prove to the judge why you owe the money you're been sued for and it's possible that it will not be able to do that or that there will some legal flaw in its case against you, which would work in your favor.

So, pull together all of your information related to the debt -- your payment history before and after you became unemployed, any correspondence between you and the creditor (or debt collector) regarding the debt and state your case in court. Your being there could make a difference in the outcome of the lawsuit. Good luck!
Apr 08, 2010
 reaching a settlement after summons
by: Anonymous

I, too, have received a summons. I must respond by the 16th, which I plan to do.

My question is this: I have a 13k Chase credit card default, which was sold to Hilco Receivables, now Equable Ascent Financial, LLC.

Do those firms want to make settlements? If so, is there a "standard" percentage you can expect to pay?

I couldn't pay my bill, but am working on some options that might allow me to settle, but I'd like to have some insight before reaching out.

Thanks,

Junction
Apr 09, 2010
 reaching settlement after summons
by: Gerri

In response to the second question, yes, collection agency law firms settle all the time. I can't guarantee they will settle your debt, but it is worth a try. (Keep in mind that if they get a judgment they may also be open to settling the judgment. But once they do get a judgment, they will have additional avenues open for collection. So you may want to try to resolve this before they take you to court..)

You may want to read our new articles on what to do if you are
being sued. Hopefully you can find a way to resolve this debt.
Jun 24, 2010
 Out of a Job
by: Anonymous

After 21 years I had to move to my sisters because she have cancer. so i had to give 2 week's notice on my Job and move. I still have my house. When I moved my girlfriend moved in in case I move back but now I am without a Job. I owe 15.000. try to find a Job but no luck yet. so you no how much thar after me. What do you think? Not good. I hope I get a Job soon. I have to help my sister. I know I gave up a lot. and now I am down and don't no what to do help .My English is not so good so I hope you understand what I'am writing. Thank you
Feb 17, 2011
 Old Debt
by: Anonymous

I have had a old debt that is 6 years old for 16,262.18 and the account was sold to Northland group a couple of months ago well I couldn't afford to pay anything the but now I can pay something but the original creditor now wants to deal with this account they wanted to settle for 4,065 then do you think its a bad thing they want to take over the account
Feb 21, 2011
 Debt returned to creditor
by: DebtCollectionAnswers.com

In response to this question: "I have had a old debt that is 6 years old for 16,262.18 and the account was sold to Northland group..."

First, you need to find out what the statute of limitations is for this debt before you pay it. It may be outside the statute of limitations and, if so, paying anything toward it could start the statute of limitations all over again and leave you vulnerable to a lawsuit.

If it is not outside the statute of limitations, it's fine to negotiate but remember to get the agreement in writing before you pay a penny. Then document all your payments carefully. You may want to listen to our debt settlement podcast for tips on how settlement works.

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