Legal Question in Credit and Debt Law in Missouri
credit card suit
I have recently been served papers regarding a credit card I had in the past. This account was closed several years ago, however I don't know if the statute of limitations is up. The amount is for approximately 3500.00. I have had and still have every intention of paying it, however, my financial situation has been where I have not been able to do so. I currently am unemployed because I am raising my children, and living on a one income budget is very tight. I would like to avoid going to court. What would they likely rule since I am unemployed? Could I contact the law firm that is suing me and try to negotiate a deal? Would they want the full amount? I know that they have bought this collection for a fraction of the cost. I will soon have our income tax refund coming and didn't know if I could possibly work out a deal myself. Do I have to get a lawyer in this case? I know there are probably a ton of cases like this one, but it is a new experience for me.
1 Answer from Attorneys
Re: credit card suit
You are correct. Yours is a common situation. You should prepare a simple answer to the Petition field against you. You must send acopy of this to the creditor's attorney and the original to the Court. Do so long before your court date. You should contact the creditor's attorney to discuss a possible payemtn arrangment. If you make payemtn arrangments, they may dismiss the case pending your continued adherence to the payment arrangments. Or, they insist on obtaing a judgement but refrain form collection efforts if you make certain payments.
A lawyer will almost never advise a potential client to not get legal counsel. But, in this case, if you feel confident in discussing yoru case with the creditor's attorney, you may save yourself some money by doing it yourself. You will likley get abetter arrangment if you have representation, but it may not be enough to offset the cost of the representation.
The Law library of the court where you are being sued may be able to provide you with copies of sample Answers. As long as you identify the parties, the court and the case number, you should be able to write an Answer sufficeint to deny the creditor's petition. This won't prevent an eventual judgmetn but should prevent a default judgment, if you are unable to attend court and voice yoru general denial.
Good Luck
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