Legal Question in Credit and Debt Law in California

I'm being take to small claims court for a credit card debt of $4000 (the principal was $2000 the rest is interest and add ons). The companies lawyer is telling me I must pay $500 a month in order to stop the suit. Is there any way to lower this dollar amount?


Asked on 9/14/11, 11:04 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Once you defaulted on the card, the credit card company doesn't have to accept anything but the full amount you owe to stop the lawsuit. The offer to settle the case for $500/month is voluntary on their part and not required. The only way you will get them to lower the monthly payment is to negotiate with them and convince them that you cannot afford that payment. Good luck - collection firms are notoriously hard to haggle with, as they hold the ultimate hammer which is a judgment against you under which they can levy bank accounts, and garnish wages.

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Answered on 9/19/11, 1:19 pm


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