Legal Question in Credit and Debt Law in Indiana

Credit Card Company Taking Me To Court

Here is the short end of it.Recieved initial summons back in April of 2003, seeking judgement against me for the full amount of the debt including interest. No amount was stated, in my response I agreed to pay it but requested an amount since I was not going to send a blank check. The creditor's attorney is--name removed--distance and I was only able to correspond with him via US postal mail.

No response to April mailing, mailed him again in October

No response again until December summons recieved in January that stated they were now seeking the full amount (figured in MAY) plus interest, lawyer fees in the amount of $600., plus almost $200 in court costs. I mailed them again this time sending it priority comfirmation, and no response. I finally got FED up and called the lawyer on my daughter's cell phone to try and settle the matter.

They say The amount figured in May but filed in Dec. is not 2139.00 but is now $3400.00, and it goes up 8% per day in accrued interest, plus the $600.00 in lawyer fees, plus $180 in court costs. The lowest we'd be willing to settle for would be $3400.00. CAN THEY LEGALLY DO THIS???


Asked on 2/06/04, 6:51 pm

1 Answer from Attorneys
Eric Southward Southward & Haggard

Re: Credit Card Company Taking Me To Court

Ok, there is lot going on here, so I will try and parse it out for you. As far as interest goes, yes, you can get statutory interest in a lawsuit. I agree, the delays MAY have unnecessarily caused the interest to be more. (At least it isn't your typical 19% credit card rate). However, this is a dispute that would need to be decided in the court room. You say you have been trying to communicating with the attorney, but other than ethically sending your settlement offers to their client, it doesn't mean they have to respond to you. They are suing you; the forum is the courtroom. And a lot of this goes to gamemanship, which may get you some slight relief with the judge, but you still owe the debt (likely) and it's hard to dispute that. Finally, attorneys have to speak the truth and if you feel that the truth wasn't written in the complaint of in communications to you, then you MAY have a violation of state consumer statutues or federal debt collection statutues. I cannot say for sure without seeing anyting. If you just want to pay it, then make a formal settlement offer in COURT. If you think they may have violated some laws, then you need the help of a consumer law attorney. My email is listed and you can privately email for a referral source who does this type of litigation

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Answered on 2/06/04, 7:20 pm


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