Legal Question in Credit and Debt Law in Connecticut
Credit Card Collection - Civil Suit
I have been served papers by the State of Connecticut Superior Count informing me that I am being sued (Civil Summons) by a credit & collections legal firm on behalf of the credit card company.
I have been instructed to obtain an �Appearance Form� � which I received but have not submitted as yet.
I owe approximately $8,444 to the credit card company - I do not dispute it. I was terminated from my job on 10/16/99 and have been unemployed until recently (12/16/00). I applied for state unemployment benefit but was rejected.
I had have not made payments to above in over 6 months.
I now have a job.
What options do I have? I do not want to declare bankruptcy. I am prepared to pay the above under an agreed-to payment plan, but not under garnishments or other desperate measures.
What options do I have?
Thank you.--MR
1 Answer from Attorneys
Re: Credit Card Collection - Civil Suit
If you do nothing at all, the court will enter judgment for the full amount claimed, possibly with interest added, possibly with attorney's fees added. The court will then order you to pay this judgment at the rate of $35.00 per week (equivalent to $150.00 per month).
If you file the appearance, you will then have until 30 days from the "Return Day" (see the box in the upper right of the Summons) to file an Answer or other appropriate pleading. Since you admit you owe the money, you can use that time, instead, to contact your creditor's attorney and try to work out an agreement. At this point, since you will be saving the attorney a lot of work, you should be able to negotiate a deal with respect to interest and attorney's fees. You may not get rid of them completely, but you should be able to negotiate them downward.
Once you make an agreement, the attorney will have it typed up and ask you to sign it, so he can sign it and file it with the court. Whatever payment plan you make will be entered as part of the Judgment. So long as you continue to make the promised payments, ON TIME, the attorney will not bother you. BUT, miss a payment, and he will either go after your bank account or your paycheck. So, KEEP YOUR PROMISES.
Obviously, unforeseen events occur. If a time should come, after making payments, that you run into a problem, and one week/month you can't make the payment, don't just skip it -- call the attorney, explain your problem and tell him what you intend to do about it (pay double next time, or skip two payments then make them up over the next six payments, etc.) That way, they know you are honest and are trying to keep your word.
Good luck.