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  1. #1
    Join Date
    Jan 2008
    Posts
    5

    Default Recieved Summons And Complaint

    I recieved a summons and complaint tonight regarding a credit card debt for (1514.55) owed to hsbc. I live in michigan and the card was opened march 4 of 04'. I do not dispute having used the card, but the limit was only $500.00. I never went over that limit.

    For a while I was making my payments on time, but began to fall behind. I was regularly calling for a period of months asking what my minimum payment was ($45.00). I was making that payment by automatic check monthly. I noticed after a time in my statement that my balance owed was going up. I started making the 45 dollar payments with a balance of around $550.00 (because of late fees) and noticed after some months it went up to and above $800.00.

    I called hsbc and asked why that happened and they said i was making minimum payments but not paying some of the other fees (overlimit fees etc.) I expressed frustration that I was trying to make payments to stay in good standing, and in asking what i needed to pay each month they did not tell me about the cost of the other fees, and I did not appreciate my balance inflating the way it had when i was trying to do the right thing. I asked if they would take some fees off, they said no. Now to fix it they wanted me to pay over 100 dollars per month which i could not afford. I ended payments after that point, that was around summer of 2006. I got a few letters from various collection services but i ignored them.

    Now my question, I know i need to respond in a timely manner and will do so. What do i say? Im not opposed to a payment arrangement, who do i contact about that? HSBC or the Lawyers? If they do agree to a payment arrangement do i put it in the response letter or should i send the response first?

    I thank anyone who takes the time to read this and can offer any help. This is the first time I have had to deal with something like this and i am concerned because i cannot afford an attorney. Thanks in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,078

    Default Re: Recieved Summons And Complaint

    You answer the complaint truthfully.

    You can attempt to negotiate with the credit card company's lawyer for a reduced payoff amount and/or repayment schedule. They don't have to negotiate.

    If a verdict is entered against you, you can ask the court to permit periodic payments toward the verdict.

  3. #3
    Join Date
    Jan 2008
    Posts
    5

    Default Re: Recieved Summons And Complaint

    What happens if you cannot pay the amount that the judge decides you have to pay?

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Recieved Summons And Complaint

    Quote Quoting barret00
    View Post
    What happens if you cannot pay the amount that the judge decides you have to pay?

    The creditor will go after your assets; also, you will not be able to buy or sell real estate until you pay what you said you would pay (plus, of course, court costs and lawyer fees).

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