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  1. #1
    Join Date
    Jun 2010
    Posts
    2

    Question How to Settle a Credit Card Debt Lawsuit

    My question involves collection proceedings in the State of: Georgia

    I was just served with papers for a Chase CC. It's my debt, I'm not denying that... but I haven't had a job in almost a year, and because it was an independent contractor job, I couldn't file for unemployment, hence, no money coming in at all since 08/2009. What do I do in trying to attempt to settle this? I have no banking account, no savings, nothing at all in my name for them to garnish. Help!

  2. #2
    Join Date
    Jun 2010
    Location
    New York, NY
    Posts
    7

    Default Re: How to Settle a Credit Card Debt Lawsuit

    First, you need to answer the lawsuit. Making a phone call or sending a letter does nothing.

    Your answer needs to have a legal basis - saying, "it's my debt but I just can't pay," doesn't help you and isn't legally proper. That's an excuse, not a defense.

    If Chase didn't sue you but a debt collector did, make sure the debt collector attached proof that they own the debt. If they don't prove it then you have a defense.

    If the credit card agreement isn't attached, that's a good defense also.

    In other words, make them prove the case. Make them show the agreement, proof of ownership, and how the balance was calculated.

    You may owe Chase money, but how MUCH money is a valid question that must be answered. Also, proof that you owe THIS particular entity money is a good question.

    Take nothing for granted. If they make a claim, make 'em work for it.

    Once you've done that, you're going to want to call the lawyers and tell them you've got nothing they can take. Make them an offer to see if they settle it.

    If not, show up in court and let the judge decide.

    Good luck!

  3. #3
    Join Date
    Jun 2010
    Posts
    2

    Default Re: How to Settle a Credit Card Debt Lawsuit

    Thanks so much! I called the Court Clerk this morning, and she actually advised me to file Chapter 7. They didn't attach anything to the summons, it was just the collection office's name, and the date.

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