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Credit Card Company is taking me to a pretrial court?
I was served a court summons in person. The Summons is from a credit card company.
I had the credit card since 2002 and paid almost $100/month for five or six years. At least three times, I gave them $1000 or more to reduce my interest, but they would never co-operate.
About a year and a half ago I couldn’t keep up the monthly payments. Again, they would not resolve a deal with me. At that time I owed them around $2,500 dollars and cancelled the card.
Now, the lawyers representing them are asking for over $4000.
I have to make an appearance at a pre-trial conference (Pluries Summons)
My question is it better to settle with the lawyers who want $3500 and payments of over $150/month which is beyond my budget, or will the court help me pay this back according to my budget?
I have lost all my paper work, but have my income tax statement.
Your dates don't make since. If you got the card in 2002, you could not have been making payments for 5 or 6 years if you stopped paying them a year and a half ago. But since it does not matter when you got the card, but stopped paying on the card we will go with the year and a half.
Since it has only been 18 months, you are still within the Statute of Limitiations for every state, so that won't help you in this case. So the question becomes what is going to happen. If you go to court and they get a judgement against you, depending on your state they could garnish your wages, attach your bank account or place a lien on any property.
If they are allowed garnishment of your wages then they can usually garnish up to 25% of your gross pay, that is after taxes but before any other deductions. In most cases the courts do not take any other expenses into consideration. So if your "budget" includes things like other credit card or loan payments that won't help you at all. If it is for needed expenses such as housing or food they may take it into consideration.
If wage garnishment is not allowed, you may want to see if you can get an agreement from them in court as to a payment plan you can afford. Because if you don't there is no restrictions on what they can take out if they decide to attach your bank account(s).
They should be able to work with you. Even if they get a judgement against you, the courts will set up a payment plan.
Try to resolve prior to going to court if you can.
Create an actual monthly budget plan, write out all your income and expenses, then show what you can actually afford as a payment and offer this to them. This will show good will and if goes to trial then you can show the judge you have attempted to resolve this.
When you go to court, bring all your records regarding the following:
Your weekly/monthly income
Your rent/mortgage payments
Other debts you are currently paying
Current utility bills (electric, gas, phone, etc.
Present this evidence of your monthly expenses and income. Inform the judge that you acknowledge the debt and will make payment arrangements that you can afford within your current budget.
The Judge may consider this and grant the creditor a payment much lower than they are requesting.
If this was an account that was time barred which it is not according to your question, then they could not take you to court.
Hope this is of help'
go to court and explain everything you did here they will lower the paymentby glamour04111 - 6 years ago