Legal Question in Credit and Debt Law in Massachusetts

I received notice on a lawsuit (civil suit, not small claims) against me regarding credit card debt (I acknowledge I owe it). Do I write them a letter acknowledging the debt as required by the notice ( no date for court given). Would I send the same letter to the court? Also I would like to work out a payment plan with the attorneys office (JA Cambece). Should I call them or would it better to write a letter, sending it certified mail?


Asked on 2/06/13, 7:45 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

If it is a letter threatening a lawsuit or an actual summons and complaint, you will need to respond differently. No matter what you do, you should not acknowledge the debt. Your best option is to retain a law firm to assist you in settling the debt. You may be able to save a significant amount of money. If not, you are free to work out a payment plan or acceptable settlement with the law firm on your own. In my experience, the collection firm will take advantage of the fact that you do not understand court procedures and rules in order to gain advantage. Be cautious and retain counsel if you can.

http://vaughnmartel.com/lawyer/Boston_Massachusetts/Credit_Card_Defense_pa7562.htm

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Answered on 2/06/13, 8:14 am
Mandy Spaulding The Law Office of Mandy L. Spaulding

"I received notice on a lawsuit (civil suit, not small claims) against me regarding credit card debt (I acknowledge I owe it). Do I write them a letter acknowledging the debt as required by the notice ( no date for court given). Would I send the same letter to the court? Also I would like to work out a payment plan with the attorneys office (JA Cambece). Should I call them or would it better to write a letter, sending it certified mail?"

First, you do not get a court date automatically. Read the summons carefully, it does instruct you what you need to do. Second, if you acknowledge that you owe the debt, it is probably not necessary to retain counsel to "defend" against the action. Attorneys will likely charge you hourly to fight something you admit you owe. Attorneys are litigious in nature and make more work for the plaintiff/ plaintiff's counsel, and thus settlement numbers aren't always as low as they might otherwise be. Also, you should consider how "settlement" will effect your credit, as opposed to payment in full.

At this point, if you "answer" the complaint with a letter - Yes, you should send it to BOTH the court and to Cambece's office. While there is a civil suit, the parties copy each other and the court on just about everything (except discovery, for the most part).

You can absolutely contact Cambece's office directly and try to work something out. Because you are now in the process of litigation, I would suggest you try to talk to someone who handles lawsuits there, instead of a "collector."

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Answered on 2/06/13, 9:42 am


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