Credit card company suit - can I get it dismissed?

Question

Being sued by my credit card company for a defaulted bill. I've worked a payment plan out with the laywers but they will not drop the case. They said that I have to go through with the case and the judgement will not take into affect unless I default on the payment plan. Is this industry standard? Can I get this case dismissed?

Answer 1

dont listen to their lawyers....get it in writing first and don't pay, go into chapter 13 instead.

Answer 2

If you have worked out a payment plan with the collector, the collector should have dropped the suit.

If you have the payment plan in writing, hopefully, then you should take a copy of it to the court clerk and request that it is placed in your file.

If the collector does not drop the suit, the judge should dismiss it since there is a prior agreement in place.

There should be NO reason for the collector to go ahead with the court case and waste the courts time when there is an agreement already in place !!!!

(the judge may not be to happy with the collector for wasting his/her time)

Answer 3

There is no reason for them to obtain a judgment if they have worked out payment plans with you.

They are lying to you. They want a judgment against you, and they are trying to sucker you into default.

Given that it appears to be late in the game, you need to go hire an attorney TONIGHT if you can. If you don't, you will regret it.

Answer 4

The only way to get it dismissed is to prove you don't owe the money.

People think that a statute of limitations works for debtors.  This may be an example of it working against debtors.  My guess is that they are being forced to sue you in order to get a judgment on record because if they don't do it now, they will forever lose their right to do so.

They need this as a backup if you don't keep your word.