Summons for overdraft Plz Help!!

[MSR1413]

What is the name of your state?
Ohio
A while back through a snafu my then girlfriend over drew one of our accounts by about $500. The account was in my name only and she had used the atm card to withdraw money.
Long story short we are no longer togther the bank has sent me a summons requesting a total of $1,800. This includes the 500 plus exemplary damages and atty fees.
I understand am am willing to pay back the 500.
My question is should I get an atty to see if we can settle this out of court for less than $1,800? Is it worth a try if I can pay the bank in cash? If I can not get it reduced is it possible to pay it off in payments. I am self employed so I don't know how they could garnish my wages. My regular atty is on vacation this week and the letter said I have 28 days to provide an answer.
Should I let my atty try and handle it ($$$) or should I call the banks attys and try and settle it myself?
Thanks in advance, this is a great site with good advice, hope to hear from you.

 

[Veronica1228]

What is the name of your state?
Ohio
A while back through a snafu my then girlfriend over drew one of our accounts by about $500. The account was in my name only and she had used the atm card to withdraw money.
Long story short we are no longer togther the bank has sent me a summons requesting a total of $1,800. This includes the 500 plus exemplary damages and atty fees.
I understand am am willing to pay back the 500.
My question is should I get an atty to see if we can settle this out of court for less than $1,800? Is it worth a try if I can pay the bank in cash? If I can not get it reduced is it possible to pay it off in payments. I am self employed so I don't know how they could garnish my wages. My regular atty is on vacation this week and the letter said I have 28 days to provide an answer.
Should I let my atty try and handle it ($$$) or should I call the banks attys and try and settle it myself?
Thanks in advance, this is a great site with good advice, hope to hear from you.

Basically, your questions can't be answered her definitively. I suggest you try to contact the attorneys and see if you can work out a deal. I doubt that they will agree to only accept the $500 since they will want to get paid for their time. If you are so willing to pay the money back, why did you let it get this far. Were you just hoping that it would go away and you would never have to pay it?

By the way, they may not be able to garnish your wages, but they can levy your bank account if they are awarded the judgment against you.

 

[MSR1413]

What about a lawyer?

Should I get one to help me on this or isn't it worth the money.. ? Do you think they might go for $1,000?
Thanks again.

 

[Veronica1228]

Should I get one to help me on this or isn't it worth the money.. ? Do you think they might go for $1,000?
Thanks again.

Once again, how can I answer that? I have no idea what they will and will not accept. There are no legal requirements for them to do so, therefore anything I say will be a guess. Call them.