Debt Collector -- Subpoena?

[mrstimulation]

What is the name of your state? NJ

Hello.

I've just received a letter from a debt collector, but I received it a few days late b/c I'm working out of state (temporarily). The letter offers me a deal/arrangement that may be good until 5/12/07. This is the first letter I've received.

However, I've also gotten word from family members in NJ that I've been subpoenaed (as of today). They are suing me for the debt described in their offer.
- Is this legal?
- Is this a common tactic used?

I have no problem making an arrangement with them. I intend to contact them tomorrow and simply want to know if I should be gravely concerned and contact a lawyer to send my response to the court.... or if I should proceed as planned and contact them regarding their offer.

The debt pertains to an old credit card that I couldn't pay years ago (lay off). It's taken me years to get back to "normal." I'm not sure when I openned this account, but the statute of limitations may not apply as it might have been closed after 2002. I'm still checking. In addition, I don't think the debt collection (law) firm would go through such lengths if the statute of limitations did apply, but that may be naive of me.

Thank you for taking the time.

 

[TigerD]

You have been sued -- answer the suit.

 

[mrstimulation]

Answering the suit...

You have been sued -- answer the suit.

Understood.
- If I am responding to the suit, I should avoid contacting this firm regarding their original (and only) offer?

I can work with their offer/arrangement and cannot afford to pay what I owe in one lump sum. By the time I file a response, their offer will be null and void. If I lose the suit, I will be forced to pay all money in one lump sum (which is not possible).

Would it be best to include their offer in the response and state that I'm willing to comply?

 

[aant]

As already advised, you should absolutely respond to the subpoena or complaint or whatever it is, directly to the court as well as to the originator/plaintiff. When this happened to me I contacted the attorney for plaintiff & negotiated a reduced settlement amount (the demand was inflated to beyond what I felt was reasonable & oddly the attorney agreed) & a payment plan, all before court date, & got a signed copy. I went to court anyway to be sure the court knew about the settlement arrangement. Based on the information you provided, it is legal. I'm not convinced you need an attorney, just be sure you respond quickly to the complaint agreeing or disputing.