August 24, 2009
I’m Being Sued, I Have The Money To Pay Off A Credit Card Debt, Who Should I Make The Payment To?
A relative is going to loan me the money I need to pay off my credit debt. I’m suppose to file my appearance in court on Tues.
Should I call and make arrangements to send the payment in to the credit card company or the collection agency?
Do you think they will dismiss the lawsuit?
You have to make the payment agreement with the one that is suing you.
You should offer a percentage of the debt. You should stipulate in the agreement - if they agree to take a percentage, after payment, they will agree that the debt is paid and no longer collectable.
Be sure to have the agreement in writing!!!
Be sure that when you come to an agreement and when you pay that both the agreement and the payment is filed in the case file !!!
if someone wants to get out of debt today it is pretty easy with a debt consolidation plan
however it may get a bit tricky at times, I suggest you get as much information as possible online on this first,
Call the collection agency and make arrangements to send the payment to them. The credit card company will no longer deal with it after it’s been sent to a a collection agency.
Always make arrangements w/the Plaintiff. Look at the complaint you were served with. It’s probably the bank. The collection agency does not own the debt so they can’t sue anybody anyway.
They just make threats to sue and do other illegal things like disclose your info to 3rd parties, leave messages with your neighbors calling your job after you told them to stop.
If they have done anything like this file a counter claim on Tuesday against the collection agency and the bank citing unfair collection practices. This is prohibited by th FDCPA, and they can be fined and lose their license to collect.
You can look up Fair Debt Collection Practices Act in a search engine. Once you get the bank on the defensive with a counter claim they are much more likely to settle w/you at a big discount if not back off entirely.
Most banks expect you to roll over and play dead as they assume most people do not know their rights. Also they do not want negative publicity.
If you decide to pay get them to fax you a receipt, show the judge and he will dismiss the case.
Call them and offer a settlement amount. Like 50 to 75 percent of what you owe. If you can pay the settlement wholly, I am sure they will settle at this point.
To the credit card comapny…they get all of it instead of a little that way. But you might have to go throught the credit agency anyways.
The above statements do not represent those of Weston & Associates or Michael Weston and they have not been reviewed for accuracy. The statements have been published by a third party and are being linked to by our website only because they contain information relating to debt. Nothing in this article should be construed as legal advice given by Weston & Associates or Michael Weston. To view the source of the article, please following the link to the website that published the article. Articles written by Michael W. Weston can be viewed here: To report any problem with this article please email mail@westonlegal.com.
[ Back to top ]
Home | Staff | Case Results | Testimonials | Fees |Contact | Articles
