Can I ask to make payments and not go to court if I’m being sued by debt collector for a credit card? 9 Answers as of March 07, 2014

I’ am being sued by a law firm representing a credit company. Is there any way I can ask to make payments with them without having to go to court about it. Should I call the collection agency or the law firm about it? If we agree on payments do I still need to file with the court within 20 days?

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Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
If you can reach a settlement you may not have to appear in Court. But you will want to be sure to have the agreement in writing by all parties before you choose not to go to Court. In attempt to reach a settlement, you should call the law firm.
Answer Applies to: Florida
Replied: 3/7/2014
Stephens Gourley & Bywater | David A. Stephens
Yes, if the plaintiff will accept payments.
Answer Applies to: Nevada
Replied: 3/5/2014
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
You can try, but they can be very tricky. I would not miss court unless they specifically tell you it will be okay. However, it is tricky because they are going to want to enter a judgment against you and you don't want that. If you miss a payment or are late on your agreement, they will garnish you.
Answer Applies to: Illinois
Replied: 3/3/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
You can negotiate, but they may not talk to you, hoping to default you for the full balance. Since you aren't going to settle in full, they may enter into a stipulation where if you fail on the plan the entire balance is now due, plus fees and costs. Filing a general denial may give you more leverage. Depending on your finances, a bankruptcy filing to stop the proceedings and cancel the debt might be the right move.
Answer Applies to: California
Replied: 3/3/2014
Law Office of Stuart M. Nachbar, P.C.
Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
Contact the attorney and offer a settlement plan and enter a stipulation of settlement.
Answer Applies to: New Jersey
Replied: 3/3/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can stipulate to settle but you would probably get a better deal if the judge mediated the settlement then if you deal direct with the law firm. Even if you settle, if you do not answer the summons (which means a written legal answer), then if you default on the agreement later they will still be able to get judgment against you.
    Answer Applies to: New York
    Replied: 3/3/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    Follow the instructions on the summons and appear if you do not want a judgment entered against you. It is worth your while not to have a judgment entered against you. If the party suing you is a debt buyer, they may not be able to prove anything, including their ownership of the debt and the amount owed. If you are being sued by an original creditor, they are more likely to be able to prove a case, but it is still worth your while not to have a judgment entered against you. If you agree to a settlement, the terms should be clear and documented in writing: How many payments of what amount are necessary to settle? Do you have to pay accruing interest? Is a judgment being entered (not desirable) or is the case being dismissed with leave to reinstate if you don't make the settlement payments (more desirable).
    Answer Applies to: Illinois
    Replied: 3/3/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    You may contact them and offer to make payments. If they agree, the lawyer will probably an order of judgment. Before you agree to that, it would be wise for you to seek the advice of an attorney.
    Answer Applies to: Arkansas
    Replied: 3/3/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You will have to go to court but can ask for installment payments post-judgment. See an attorney and seek to shortcut the system and avoid the judgment on your record.
    Answer Applies to: Michigan
    Replied: 3/3/2014
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