Legal Question in Credit and Debt Law in Georgia

I,m being sued by a creditor an the summons deadline has past can i still talk to the creditor about settling out of court


Asked on 7/03/11, 6:15 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It is usually a bad idea to talk to the other side in any case because they have a duty to help their client and probably will mislead you making matters worse.

You should have seen a lawyer BEFORE they sued you. Your certainly needed to do that when you got the suit.

Now you have a legal emergency. Do NOT call the creditor. IMMEDIATELY (and that means TODAY) you have to see a lawyer. At this point they already have a judgment (or will very soon). They can use that judgment to take your bank account and pay check (and even your car or home).

There are two ways to stop them. One is to pay them in full. The other is to file bankruptcy. See if you are eligible for that. While there is some possibility of negotiating now, the danger of talking to the creditor post judgment are far too high to risk that conversation without counsel.

Do not talk to the creditor without counsel. And do not wait. Things are about to get worse.

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Answered on 7/03/11, 6:29 pm

What Attorney Ashman said is largely correct, but there is a third-way and its called debt resolution.

Of course you can talk to the creditor and settle a debt at any time before a lawsuit, during litigation or after entry of judgment.

However, there is a danger of you talking on your own but it depends on your circumstances.

I know nothing about the debt or your assets so my advice could change. However, most debts can be settled for 50% to 80% of the amount owed. Settlement in a lump sum is preferred. Some creditors want it all and some will allow you to pay out over 1-12 months.

If you settle on your own, before you pay a penny, get them to send you a settlement letter outlining the terms. They will probably want you to sign a confession of judgment and this should outline things like where payment will be made, how much etc. Once a judgment is paid in full, get the creditor to mark the judgment satisfied with the court. If you settle before the entry of judgment then get a notice of dismissal of the suit with prejudice.;

If you are interested in contacting me to discuss your case in confidence (I give free email consults) please contact me at [email protected]. I also can assist in resolving your debts for a reasonable fee if you are interested.

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Answered on 7/04/11, 11:11 am


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