Tuesday 10 April 2012

Got Served a Summons for Credit Card Debt? Don't Call Your Creditor Just Yet!

Receiving a summons for credit card debt is definitely a stressful situation and often times; it leaves debtors in confusion as to what steps they need to take to resolve the problem. Unfortunately, many will try to contact the collection agent or collection attorney and try to work out a payment plan or a settlement agreement. 
This is wrong; you should never call the collection agent once you received the summons for credit card debt because that person represents the company that is suing you. Any or all communication should be restricted to written correspondence only.
Instead of contacting your creditor, you need to prepare an Answer for the summons for credit card debt and start building your defense for the case. At the point where you received the summons for credit card debt, it's too late to go and promise to pay a certain amount of money per month. You are at the point where you need to take action, face the music head on and defend yourself.
Because collection agents and junk debt buyers cannot be trusted, you cannot expect them to say yes to any promises you make. It's true that you can negotiate a better deal and avoid facing the court but dealing with junk debt buyers and collection agents are very tricky because without your knowledge, they could be in the process of searching for your bank account or putting a lien on your property while you negotiate so better be safe than sorry.
Dealing with a possible lawsuit can be quite intimidating but put your fears aside and check your local court rules. Learn if the lawsuit is brought on an out of statute debt and see if your account has been re-aged to make it fall within your state's statutes. Dig up old credit card and bank statements and compare them with the DOLA or the Date of Last Activity on your credit report.
Know that it is extremely rare for a debtor to be sued for the actual amount of cash they owe. With penalty charges, interest fees and all, the debt could easily exceed the actual debt amount so don't readily hand your cash to your creditor and let them get away with it. Make them prove their case! In most cases, junk debt buyers and collection agents cannot prove ownership of the debt in question because they do not have access to documents from old, charged off accounts. Click here to learn more.

1 comment:

  1. Thanks so much for this information. I have to let you know I concur on several of the points you make here and others may require some further review, but I can see your viewpoint.
    Debt Settlement Help

    ReplyDelete

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