[kristen0329]

Hi all,

I'm sure youve been asked this question before, but I was hoping someone could help clarify a few things for me. I received a summons today from the local court that I am being sued for $1000 from a past credit card. This was a card that was issued to me when I was 17 and I paid well on til 2000. Thats when hard times hit and I had trouble with bills, loans, etc for school. I haven't heard from creditors in years until a few months ago. They called saying they needed a full lump sum immediately. I asked them to forward me documentation of the charges, as well as the account info from the issueing credit card company. they never sent a single thing other then a letter with the amount. There are over $500 in late fees added onto my balance that I have no idea of. I explained this today to the lawyer on the summons and he kept saying 'I assume its interest, but its what you owe us'. I want something in writing before I do anything further and they keep telling me"I assume its interest". How am I to know its not just them adding on whatever fees. Honestly, I don;t have records from a credit card over 5 years old. And they cannot provide me with wanything. He told me they will never settle with a lower balance and I either pay it now or continue with the court case. Do I have any rights or protections against being sued? I am unemployed and offered to make payments but they want the whole amount. Am I better off finding a lawyer? I wouldnt even know how to begin all this. I read somewher eonline that there are companies who will fight with creditors to get your balance lower, but will that work if I am already being sued?

[aaron]

You should be able to get evidence of the debt from the plaintiff if you proceed with the litigation.

Depending upon your financial circumstances, you may wish to consult a bankruptcy lawyer.

[kristen0329]

The letter I received stated I should reply to the court in 35 dasys or contact the lawyers directly to make an attempt to resolve this. I called them today but they just kept telling me I need to pay the full amount and all they can do is offer a payment plan. The rep said only a supervisor can reduce my balance. So, I just sent them a letter stating my situation and asking for a detailed report of my charges. I honestly feel uncomfortable giving them any money unless I can see they are actually billing the right person. I mean, the guy didnt even know the name of my credit card, he just assumed 'well, its a balance from a visa or mastercard'. For someone suing people, Id expect theyd know a bit mroe about it.

Was I right in writing them a letter?

[Mr. Knowitall]

What you need to do is file an answer to the complaint before you end up being defaulted.

I don't know precisely what you wrote in the letter, so I can't really judge whether it could hurt you or help you.

[kristen0329]

just stating that i am willing to settle but would like written documentation of the charges and vaslidation that this account is even mine. They agreed to all this by phone but then asked me to mail in a payment before even getting the agreement by them. Am I right in feeling hesitant to send money with nothing in writing?

[Mr. Knowitall]

Personally, I would want a written confirmation from them that the payment would satisfy any claim or obligation they may have against you.