Legal Question in Credit and Debt Law in New York
Debt
I am currently working with a debt place to pay off my credit card debts. They sent letters to my creditors to work through them. I now am being sued by a law firm for Citi card. They were also sent a letter to go through my agency. Can they still sue me even though I am in a program? Also they are adding 1444.00 on for their fee. Can they do that?
2 Answers from Attorneys
Re: Debt
Just becasue you have a "program" does not mean you cannot be sued. After all, the debt is not paid.
The attorneys fees are likely permitted by the cardholder agreement which you vaididated and agreed to when you used the card the first time.
My suggestion is do not let the summons go unanswered or else there will be a judgment against you.
Feel free to email me directly with you phone # for a free phone consult.
Good Luck
RRG
Re: Debt
yes they can. USUALLY, the attorneys waive the attorneys fees they request in the summons and complaint (because most times the court won't grant them and 99% of the time the case is settled). You should contact the attorneys and try to work out a settlement that can be funded by your workout specialists. They will pressure you for a large percentage or a lump sum...if you don't settle make sure you serve and file an answer the complaint. You will go to court and settle the matter there...push for half with NO attorneys fees and monthly payments you can manage. THe court is not allowed to take sides, but some judges are sympathetic to debtors and understand that by the time the matter goes to court the amount due has been GROSSLY inflated by late charges and HIGH interest rates. They do pressure attorneys to reduce the amount (sometimes to just the original principal amount owed)...so go armed with that...also, if you need documents to support your position, THEY (the credit card company) has to provide them...just by demanding they prove the amount due will give you a lengthy adjournment...