Legal Question in Credit and Debt Law in Arizona

Summons for credit card debt

We are going thru Debt settlement & now served a summons by an Arizona attorney's office acting as collection agent. Amount is $5000 over original debt because of fees & interest. Do we have any recourse for settlement out of court


Asked on 2/09/09, 8:57 pm

2 Answers from Attorneys

Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Summons for credit card debt

Settlement should always be sought, however, the plaintiff/creditor is not required to settle with you. Bottom line, the creditor wants to get paid, sooner than later. I would suggest that you contact the attorney and attempt a settlement. Be prepared to be offered a stipulation to judgment, unless they accept a lump sum for you then a stipulation for dismissal. Good luck.

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Answered on 2/09/09, 9:31 pm
Joshua Swigart Hyde & Swigart

Re: Summons for credit card debt

That is becoming a more common response to responding to debt settlement companies; just filing a lawsuit. Typically the debt settlement company attempts to disclaim any duty to provide a legal defense. If there is not enough money built up under the plan then a settlement is difficult. In my opinion, I would just defend the case. If the Arizona law firm is Hammeroff and Lavinsky you might be able to work something out with counsel.

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Answered on 2/09/09, 11:47 pm


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