Today in the mail I received a summon's saying I was being sued for about $1300 - this is credit card debt. My court date is in about three weeks. I'm in the state of WI.
My first question is: Don't I have to be served a summons? It was just sitting in the mailbox. Can I dispute this? I have problem's w/my mailman and not getting my mail sometimes. What if this hadn't of gotten to me?
My second question is: What do I do next? I must honestly say it is a legitimate debt, I do owe money on this credit card. I sent in a payment a day late, they tacked on the late charge and then the overlimit fee, and it all went downhill from there. I actually continued paying on the account, but I began to get notices saying they would take collection action since I couldn't pay their demands for almost 9 or 10 times the normal $10 minimum monthly payment. The credit card limit was $300 - now they want almost $1300. That's $1000 over the original limit. I am willing to pay the original card limit, even the original late and overcharge cost, that's my responsibility. I didn't question that. But $1300?? I sent them letters asking if I could negotiate the overlimit costs and such, but they sent back letters saying it is legal under their terms and conditions and I am responsible for everything. It got out of control, financial problems came up, so I quit paying. I didn't know what else to do.
If I go to court, is the judge ever willing to settle for a less amount? Does the judge allow installment payments? I know I owe money, I'm not a complete deadbeat, I would be very willing to pay the bank back what they are due, but to me, it should be reasonable. $1300 doesnt seem reasonable to me.
Also, w/the summons, do I just go to the court date? It mentioned something about a "reply" - can someone explain what that is? Am I required to do it?
Sorry this is so long. Answers are much appreciated!!