I need some opinions please?

Question

Hello..I'm not sure what to do..i got something in the mail saying how i need to go to small claims court for my credit card bill ($750) ..What can i do to get out of going to court? Call them and pay it off before the court date? I'm new to all this..its my first card and i admit i ****** up..I'm not sure what the best way of going about this is..? Has anyone been in this situation? I don't need any a*****e remarks either..anyone who can help would be great..thanks

Answer 1

This depends on what you need.

If you need the credit card company to reduce the fees, then you need to call them first.

If you just want to put this behind you and pay the amount in full, then call the telephone number of the small claims court -- it should be on the notice you have reived.  You should ask to be connected to a legal clerk who can tell you how to make payment arrangements before the court date.

At this stage of the game, it really is all about the money.

Answer 2

i've never been in your situation before, but common sense tells me you can try to settle this out of court... yes, like pay your debtor before the court date so your debtor can drop the case.  but if your debtor doesn't drop the case, then you need to at least show up to court or your debtor will win the case by default.

Answer 3

If it is a legal summons to appear your are far better off to contact the creditor and pay the balance in full to avoid going to court.

A judgment is the worse thing to have on your credit report.  The creditor has to by law notify the court before the trial date to let the court know the debt has been settled.

BUT, make sure the summons is a legal one, some collection agencies are known to mail documents that appear legal but are not.

The summons should list the court date, location and court document number.  If this does show, call the court to verify that the summons is legal and that you are going to settle out of court.

If it is not a legal summons, then you have the right to sue the collection agency under 15 U.S.C. § 1692e. False or misleading representations.  This is under the FD CPA rules.

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.