Legal Question in Credit and Debt Law in Massachusetts

Dealing with creditor's lawyer

I have just received a summons to answer a complaint in regards to a debt owed to a credit card company. I do not dispute this debt. I have been taking night courses for a paralegal certificate and I am familiar with the procedures in answering the complaint and will do so, but I would like to settle this before having to go to court. Thus far, this credit card company and its affiliating collection agent has been unwilling to offer any payment plan that I can meet. The amount owed is $8300.00. Presently I could afford to give them about $150.00 a month towards this debt. They have refused to lower the interest rate and/or stop the additional over the limit fee to enable me to catch up. I intend to call the lawyer representing the credit card company and try to come to an agreement with him on repayment, but with this companies unwillingness to come to any agreements in the past, I am afraid any agreement he may come up with will be unfavorable as well. What I would like to know before talking with this lawyer is if this does go to court and judgment is entered what sort of payments do the courts typically issue? And if there are any other avenues I should look into to resolve this matter.


Asked on 1/18/02, 1:37 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Dealing with creditor's lawyer

It is always advisable to try to work out a settlement prior to litigation. The creditor may be more willing to settle early on prior to incurring legal expenses. Assuming the creditor does obtain a judgment against you and you do not voluntarily pay the entire judgment, the creditor would need to institute seperate legal proceedings to collect. The creditor could try to attach & sell assets you own (real estate, car, etc.) to collect on the debt. The creditor could also institute a Supplementary Process action to ask the court to setup a payment plan. The court would look at income/expenses to determine a reasonable plan. There is nothing stopping the parties to agree on a plan instead of asking a judge to decide. The creditor could also attempt to garnish your wages to pay for the judgment. It is difficult to predict what the creditor will do once a judgment has been entered in their favor.

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Answered on 1/18/02, 2:04 pm


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