credit card debt-been served

[voxa01]

What is the name of your state?What is the name of your state? Georgia

Hi, I have a credit card debt ($1900-agreement signed july of 99) that I haven't paid on in a couple of years, was served recently and need to Answer. Is this something I can do myself? Is it best to try to negotiate w/the Plaintiff's lawyer first before hiring my own? I must answer either way (whether I successfully reach an agreement with the plaintiff's attny to make payment), correct? I assume even if he agrees verbally on a settlement or mo. payments, an answer still must be filed to protect myself from a default judgement, right? My first call to a lawyer said he'd need $125 * 3 hours ($375) to answer and negotiate. Any thoughts/advice??

Thanks so much for any help!!

 

[bistro]

You can deal with the attorney, or hire one, depends if the debt is valid or not.

As for answering the summons, you can state that you "have been served, and will appear", or do not answer and show up. The reply to the summons is so the attorneys can know your response and be prepared to defend against any arguement you may have. You can ask for a delay, or continuance, call the judges office and ask how.

If you don't show up for the hearing a default will be issued. You can still negioate, but you are not in a strong position if the debt is valid. They will still file for judgement.....leverage it's called.

If the debt is not valid, then get your own attorney involved or have a lot of proof when you show up in court. .... Writen documented proof, not he said I said, but valid supportable proof.

 

[Ladynred]

The court papers clearly say you MUST file an Answer, so do so.

You do NOT need a lawyer for this, you CAN do it yourself. The answers to a complaint are 'agrees' 'denies' , or 'lack sufficient knowlege'

Here's some information on how to file an Answer:

http://www.legalhelp.org/answering_complaint.htm
http://www.legalhelp.org/affirmative_diffense.htm

This one has a sample letter and gives you the format, but its WA law, so you would have to modify to YOUR state's laws:
http://www.washingtonlawhelp.org/WA/StateChannelResults.cfm/County/ /demoMode/= 1/Language/1/State/WA/TextOnly/N/ZipCode/ /LoggedIn/0/iSubTopicID/1/iProblemCodeID/1020100/sTopicImage/g-benefits.gif/iTopicID/859/ichannelid/7/bAllState/0

4th document on that page "How to Answer a Lawsuit"

How old is this debt ? You say a 'couple of years' but how many EXACTLY ?? When did you last pay the original creditor ?