if a summones has been filed for a payment of $500.00 and you call to resolve it ,can they make you pay $1000.00 more than what is on the file?
3 Answers from Attorneys
We don't know what you owe, and whether it might include interest, fees, attorneys fees and expenses, etc., or what exactly they sued for. If they sued for a certain amount, that is probably all they will get in court (plus post-judgment interest). If they asked for interest, fees, etc., in addition to this "payment" of $500, it could be that much.
We don't know any details about your case except for one. The only thing you NEVE do when you get sued is to talk to the other side. You go see a lawyer to protectr your interests, and you need to do so within 30 days of when you were served. NEVER talk to the other side.
In theory, no. The complaint would include a statement of the main amount of the claim, costs, any pre-judgment interest and attorney fees. Exactly how is the creditor getting an extra $500?
I agree with the other attorneys. Its impossible to advise without review of the complaint. One thing for sure is that if you either do not answer or do not settle prior to judgment, the creditor can and will get a judgment against you. A judgment will allow the creditor to seize any assets owned free and clear, levy your bank account and garnish your wages.
I would advise you to take the documents to an attorney and at least get them reviewed. If you have the funds and wish to settle the judgment in a non-litigation, non-bankruptcy context, I may be able to assist for a flat fee. I give free email consults and charge $50 for a 30-minute phone consult too. Please contact me at [email protected] if interested.
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