Answering a Lawsuit Over Credit Card Debt

[wi_girl]

Hi,

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!!

[aaron]

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?

The manner in which legal documents must be served is defined by court rule. Some states permit service by first class mail; others would require certified mail or personal service. You can get a copy of the Wisconsin court rules, and the local court rules for your county, to determine if service was proper.

If I go to court, is the judge ever willing to settle for a less amount?

The judge won't stop you from settling with the other party, but the judge won't order them to accept a settlement offer that is less than their claim is worth.

Does the judge allow installment payments?

It is usually possible to get a judgment satisfied through an order of periodic garnishment, meaning that an order is served upon your employer who must pay a certain amount out of your paycheck until either the order expires or the judgment is satisfied. The plaintiff may also agree to an installment plan, but that's up to them.

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?

A reply is a formal answer to the complaint, stating your response to each allegation. It depends upon the state and local court rules, whether you must file a written answer or if your appearance in court will be enough. If you do not properly defend under the court rules, the other side may be able to obtain a default judgment against you.

[wi_girl]

Thanx, aaron. Your input is appreciated. Do garnishment amounts vary by state/county? Is this something that is set by the judge?

I have no problems giving the bank their due money. But are they allowed to, say, take up to 50% out of your weekly pay check??

[wi_girl]

I have also been told of summary judgements. Are these effective at all in helping a defendant win in this type of small claims case?

[aaron]

Summary disposition involves bringing a motion asking for a judgment before the trial occurs. They can help a plaintiff obtain a judgment when the defendant does not plead any valid defenses, or where the plaintiff is entitled to judgment under the undisputed facts and governing law.

Garnishment amounts vary by state, and are limited in amount by law. The amount that can be deducted from your wages depends upon how much you are earning.

[michael2727]

This is relatively basic, but have you also looked over the various laws in the FDCPA? If by some chance you notice they've violated any of the laws, it could at least put you in a stronger position...