Legal Question in Credit and Debt Law in California

Being sued for past debt.

Hi. I collection agency is having an

attorney sue me for a past due

amount on my credit card. The

attorney has filed suit in superior

court and a settlement conference is

set for July. I would like to make an

offer to settle on this debt now but

not sure how to go about doing this.


Asked on 3/08/08, 3:59 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Being sued for past debt.

If there's plenty of time before you have to answer (30 days from date of service), then you can make an offer. Even if it's close to the deadline, the attorney might offer to stipulate to whatever agreement you reach and, if you miss a payment, then judgment for the full amount owed would be due and payable. It would be wise to make an offer within your means to pay. And, if you fully pay whatever you agree, then the case will be dismissed with prejudice (can't file it again). Get it all in writing.

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Answered on 3/08/08, 5:18 pm


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