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I am being sued by discover card, and I have recently received a summons. I have about 3/4 of the money I owe them, what should I do to answer the summons? Should I agree on evrything or would this just hurt me in trying to get a settlement? I just dont want them to win, and garnish my wages. I dont want my employer to find out. Can they still go for the rest of the money by garnishing my wages, even though I pay 3/4 of it or can I set payment arrangements.

Please help.

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I believe bingo said a general denial or claiming no knowlegde of account would work best when answering certain summons. I think it makes the plaintiff prove you owe the debt (can buy you some time to decide how to handle the situation). If you admit to the debt the plaintiff can file motion for summary judgment.

[Edit by vincent on Thursday, February 6, 2003 @ 10:28 PM]

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<blockquote>Originally posted by Storm

I am being sued by discover card, and I have recently received a summons. I have about 3/4 of the money I owe them, what should I do to answer the summons? Should I agree on evrything or would this just hurt me in trying to get a settlement? I just dont want them to win, and garnish my wages. I dont want my employer to find out. Can they still go for the rest of the money by garnishing my wages, even though I pay 3/4 of it or can I set payment arrangements.

Please help.

</blockquote>

How much is the debt? What type of court is it, small claims? If its a small claim court then I know from experience that the judge will send you and your creditor into a conference room and tell you both to work something out. Thats your opportunity to go at it face to face, if you want to pay them with off with a settlement and have it in good standing on your credit report with a deal (in wrighting) then thats a good time to do it.

If you dont want to pay them, then play your cards in the court room and just wait for the outcome.

But if you have 3/4 of the $$$ and you can afford to give it up, then I think thats the best option. As long as they agree to have it say "PAYS AS AGREED" on your credit report, and I dont think that he will say no, he might try to give you a hard time but I think he will come around. Thats what happend with me anyways and I settled for $100 on a $500 account from a lawyer, I just wish I knew about this site at the time then I would have worried about him fixing my credit report :(.

Good Luck.........

[Edit by 123rich on Thursday, February 6, 2003 @ 11:40 PM]

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I think this is a case where you might just pick up the phone and call the lawyer and see if you can negoiate an out of court settlememt. Start at 50% of the balance and see what happens. You can ask for anything you like but they'll likely balk at deleting the trade line. You may just have to take what you can get which is a reduced payoff. Keep in mind that a jusdgment is far worse on a credit report {paid or unpaid} than a chargeoff. I wouldn't let how it is reported be a sticking point if you can get it settled prior to court.

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Thanks for the info. They are suing me for 4100.00 and I have about 3100.00. So I think I should call him and try to settle. I spoke to him before I got the summons and at that time he told me that a lump sum of 3100 would take cae of it. I just didn't have money at the time, but now I do and I hope it is not too late. If I answer the summons, would I get a automatic court date? Who sets the date? Do I have a say so on the date set for court?

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Hey guys, justto let yu know. I contacted the atty and he decided to settle before going to cort. He even settled on an amount less than what I was willing to offer. The only problem is that he told me to disregard the summons and to send the money before the deadline on the summons. Is this smart? Doyou think that after he receives the money, he will try to collect on the rest anyway. We also agreed on having my account show as "Paid as Agreed". He said that he would send the necessary paperwork as soon as he received the money. Do you think he is telling the truth?

Thank You All

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