Legal Question in Credit and Debt Law in California
I am the defendant in a small claims case that has a trial date of June 28,2010. I was served court
papers on Feb 9,2010. I would like to settle with the company out of court as I cannot afford an attorney or any legal filings that might need to be done. Can I contact the company directly to offer a settlement. This money is for the balance on a car that was a voluntary repo 2 years ago, sold at auction and they are seeking the balance on said car.
2 Answers from Attorneys
Yes, you can contact the company or firm that has sued you in Small Claims Court and ask to resolve the lawsuit before trial. Many companies are happy to do this, because it saves them the cost of sending someone to the hearing.
Many firms are willing to settle for 25% to 50% of the debt owed. Some will accept payments.
Usually, the firm will ask that you sign a settlement agreement; and also a stipulated judgment that the firm can collect the entire amount from you if you do not pay the agreed upon settlement.
Do make sure that you get whatever you work out with them in writing.
If it's small claims, you can't be represented by an attorney in court, and there is no filing fee for the defendant, as far as I can recall.
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