Legal Question in Credit and Debt Law in Virginia

Credit card Court summon

I have been sued by credit card company. My court date is next tuesday. I am trying to arrange that money I owe but I dont want to have judgement against me. Is there any way I can get another court date or ask for some time from court without them passing judgement. My credit limit was 5000 and total charges are 7700.

Thanks


Asked on 2/07/09, 12:52 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Credit card Court summon

You are giving very little information, but it sounds like you are questioning or disputing how the total could be $7700 on a credit limit of only $5000. Of course, I don't know at this point.

If next Tuesday will be your FIRST time in Court, then the judge will simply ask you if you agree or disagree that you owe the money AND THAT INCLUDES THE ACTUAL AMOUNT.

So you simply tell the judge "I don't agree to the amount, I know I owe some money, but I don't see how it can be $7700."

The judge will then set it down for trial in a month or two.

You should ask for a bill of particulars identifying exactly how they come up with the total.

And then tell the lawyer (before or after) that you are willing to work out a settlement if you can figure out what the total comes to, and if you have some time.

If you can offer any substantial amount of money you might get them to accept a smaller total as payment in full OR perhaps a payment plan with a lump sum to get it started.

Most creditors would rather have real money than a court judgment, because they still have to chase after you with the court judgment. It is only a piece of paper, and is not automatically real money.

Read more
Answered on 2/07/09, 1:52 am


Related Questions & Answers

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