Legal Question in Credit and Debt Law in Massachusetts

Received a credit card summons from a law firm. filed an answer and now they want to talk settlement. They are not willing to negotiate but I know they paid pennies to obtain the account. Should I just follow thru with the court date and process?


Asked on 7/13/10, 6:07 am

3 Answers from Attorneys

Daniel Gindes Law Office of Daniel Gindes

You probably should, but be careful to to follow proper court procedure. It is not easy for a non-lawyer. Demand proof of the debt. You should be able to settle for 50-60 cents on the dollar.

Good luck.

Dan

Read more
Answered on 7/13/10, 9:30 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with attorney Gindes. It is not that hard to settle, but it is also very easy to give the creditor unnecessary advantage or even victory by not following court procedure. Also, don't give them an agreement for judgment! If you want assistance in settling your case for a flat fee, please give me a call at 617-357-4898.

Read more
Answered on 7/13/10, 9:44 am
Dmitry Lev The Lev Law Firm

All they have to show in court is that you originally promised to pay on this account, that they are the valid holders of this account, and that the amount with interest adds up to what they say the current balance is. Then they would be able to obtain a judgment for the full amount, and possibly attach your wages, bank accounts, or other property. If that's something that you should be worried about, it's best to settle now. But if you believe yourself to be judgment-proof, then they wouldn't be able to collect with or without the judgment.

Read more
Answered on 7/13/10, 2:15 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts