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FDCPA Q&A

FDCPA Q&A WITH HYSLIP

Q: If I want to settle with a credit card company after receiving a summons, do I still have to “answer” to the court?

A:  I would highly consider you to consult with an attorney. At worst see if the clerk of court where you were sued might be able to help you. You don’t want to not Answer the complaint or you will automatically lose. If you settle before the court date get something in writing from the creditors attorney saying if you pay $4x they will dismiss the suit. Make sure you keep a receipt that you paid. I’d start negotiations at around 50% of what you owe. See if they will break the payments over months if you have to pay the full amount. If that is the case they might want you to enter an agreed judgment entry. Don’t sign anything you are not 100% sure what it is.  With that said, you may have more bargaining power AFTER you file your Answer. If you do settle before you answer, you do not still have to file an Answer.

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