Legal Question in Credit and Debt Law in California

I am being sued by a collection agency, cach llc for an MBNA credit card. I was served the lawsuit and answered within the time aloud. A court date was scheduled then postponed for early March. My objective is to avoid court. Any money I had I would rather pay towards the debt instead of going towards legal counsel. Would it hurt me in any way if I was to contact the plaintiffs attorney and try to negotiate a settlement out of court?


Asked on 2/12/11, 7:23 am

1 Answer from Attorneys

Tony Carballo Carballo Law Offices

That is exactly what you need to do unless you can win the case. Most of those lawyers just lend their licenses to the collection company so they have little authority or time for anything but run from court to court all day. Many are new lawyers although what they do is so limited they soon become experts in their narrow field and then come to believe the know everything. You will probably need to speak with a debt collector in the lawyer's office (which is really the collection company). However, you might get a better deal in court on the first court date since the lawyer will be under time pressures and the judge will want to get rid of your case so the court might put pressure on both sides to settle. Take your time, act confident and go for the best deal. You might mention the possibility of filing bankruptcy which will wipe out the debt. Have you considered that option?

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Answered on 2/12/11, 7:49 am


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