Help - Lawsuit filed on old, old debt

[Sue852]

What is the name of your state? Wisconsin
I just got served with a summons/complaint for an old credit card debt. What can I do? How do I answer the summons/complaint? The amount of the debt is way out of line. I made payments in the past to Wolpoff & Abramson and those don't seem to show as being paid. I was making payments to Wolpoff and then all of the sudden a new law firm had the account. I asked what firm I should send payments to and never heard another word from either law firm. Now, about 5-6 years later they are coming after me. HELP

[debtcollector`]

When did you make you're last payment?
You are aware that interest on credit cards doesn't stop accuring just because you stop paying right?

I would contact the people suing you and make arrangements to pay with the stipulation that on payment they will dismiss the suit. If you search this forum under Chien you will find a great explanation of that process.

DC

[Stash]

I did what D C proposed and they still sued. Get it in writing. They will say anything. Read defaulted in ohio. Now I was an idiot and ignored the summons so I live with that but I did enter into an agreement and the creditors simply used my check account number to try and seize. So if you can learn anything from my experiences- great.

[Sue852]

I made the last payment in February, 2000. Since then, I haven't heard a word. SHould I answer the summons/complaint? If so, do I just deny everything? I want to pay this, but can't afford the whole amount. How do I go about negotiating and what is a fair settlement proposal? Thanks so much.

[debtcollector`]

Originally Posted by Sue852

I made the last payment in February, 2000. Since then, I haven't heard a word. SHould I answer the summons/complaint? If so, do I just deny everything? I want to pay this, but can't afford the whole amount. How do I go about negotiating and what is a fair settlement proposal? Thanks so much.

If you made the last payment in Feb 2000 the SOL expires in Feb 2006. So they sued just inside SOL.

Your options on the answer:
Not answer -- you will lose by default
Answer that you owe the debt -- the judge will rule for plaintiff
General denial -- case will be scheduled for a hearing

Now that the debt is at the legal process stage the power in the settlement negotiations is theirs not yours. You can't even argue they will save money by avoiding court since you are paying their legal fees.

I would ask for a settlement but don't hold your breath. I think the best you may get is a payment plan if you stipulate to judgment. What that means is they grant you a payment plan and you grant them the judgment uncontested. If you deviate from that payment plan at all, you can expect to have your accounts seized and wages garnished.

First you must answer the complaint.
Second talk to them. Make arrangements and get them in writing.
Third follow those arrangements to the letter.

DC