Legal Question in Civil Litigation in California
I have been served a summons. I contacted the agency suing me to resolve the debt. They want a large chunk of money deposited into their account to cover lawyer fees before they will negotiate payment arrangements. If I do this, am I protected? I have nothing in writing.
3 Answers from Attorneys
Protected from what? All the plaintiff said the payment will get you is a chance to negotiate. They haven't said they would dismiss the lawsuit, seek a delay or do anything else helpful to you. Paying to negotiate does not entitle you to any such relief.
Do not send money without an agreement. You may not be liable for their attorneys' fees. Whether you will be held liable to pay their attorneys' fees depends on if you signed a written contract agreeing to do so if you default or if there is a statue which will require it. Contact an attorney. There are tactics an attorney can use to convince the Plaintiff to settle and/or agree to a payment plan. 949-481-6909.
I suggest you talk to an attorney. I suggest doing so before your time runs to file a responsive pleading with the court.
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