Legal Question in Credit and Debt Law in Oregon

Pay to Dismiss?

I was sent a summons to pay a credit card debt which I have been fighting for several years. I would like to not have to deal with this anymore (due to ill health recently). I was on another board and they said I could pay the amount, and the summons would be dismissed, but how do I go about doing this? Its an Attorney who sent the summons, for the company, I think, althought the company had charged the amount off last year. I dont want to NOT answer the summons and then have a judgement AND have paid. If I was in better health I would fight this as it is not a fair debt. Could you please tell me HOW I go about paying them? Do I call the collection agency (attorney) or do I file something saying I will pay it? And if I do, will I then also have to pay thousands in court costs? The total debt is $800 altho it was for a $300 credit card several years ago.

Thank you


Asked on 2/18/08, 1:52 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: Pay to Dismiss?

You will need to call the law firm and they will provide you instructions about how and where to make payment. Sometimes you will send it to the law firm and sometimes to the original creditor, depending on how old the debt is. Once you pay the amount, there is nothing to litigate and the law firm is obligated to dismiss the suit. If they go forward with it, they'd be pursuing a frivolous lawsuit and you would have a counterclaim against them.

Seems to me that you are over thinking this process.

I also wish you well in restoring your health.

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Answered on 2/22/08, 8:13 pm


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