Re: You need an attorney's advice

Posted by Judgmental (24.19.14.254) on January 27, 2004 at 18:30:27:

In Reply to: Court for Judgement posted by Whitey on January 27, 2004 at 16:05:46:

If the CC is suing you for non-payment, I don't think your letters are going to be enough to win the case.

You need to speak with an attorney about what defense you can use and file an answer and counterclaim against the CC company.

Just as a general rule, attempts to make payments arrangements do not have any bearing on whether or not the judgment should be granted, because they only issue the plaintiff (the CC company) will raise is whether or not you owe the money. So, unless you have a defense for why the company should *NOT* receive the money, they will win.

Also, once you default on the agreement, your creditor can accelerate the debt--which means to demand the full amount right away. They are not obligated to take payment arrangements from you. So, your attempts to pay over time will most likely have no bearing.

If I were you I would do whatever was necessary to stop it from going to court. Offer to settle or file a counterclaim that stops them in their tracks.

Don't take this lightly. You need an attorney's advice. Try to get a free consultation or use a legal clinic in your area. Get some *real* advice for yourself.

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