Legal Question in Credit and Debt Law in Massachusetts

I received notice of a lawsuit against me for unpaid credit card debt. I acknowledge I owe the debt but dont have the funds to pay it. Would it do me any good to contact the attorneys office for the plaintiff and offer a settlement or payment plan? I really dont want to go to court over this.


Asked on 2/06/13, 4:54 am

2 Answers from Attorneys

Thomas Beauvais Thomas Beauvais, Attorney at Law

If there's a reasonable amount you can pay every month, that would be a good plan. Debt collection attorneys almost always will accept payment plans or some reduced lump sum payment. The thing to keep in mind, however, is they'll try to get you to pay more than you initially offer. Don't commit to something you know you can't do. While you don't want to go to court, you should file an answer to the lawsuit anyway. If you don't answer the lawsuit within 20 days of the notice, the attorney will seek a default judgment (even if you've already called about arranging a settlement).

There are some free resources on debt collection lawsuits here: http://masslegalservices.org/library/directory/consumer/debt-collection. Also MetroWest Legal Services might be able to give you some free advice. You can find them here: http://www.mwlegal.org

Hope this helped and good luck to you.

Read more
Answered on 2/06/13, 5:04 am
Mandy Spaulding The Law Office of Mandy L. Spaulding

I mostly agree with Attorney Beauvais. However, there's no need for an answer in small claims, you just need to appear on the scheduled date. You didn't indicate whether this was civil or small claims. Most collections firms will ask for an agreement for judgment anyway, since they've already commenced litigation. Usually the only way to avoid that is to get it paid quickly, or enter into a written settlement agreement, where the agreement for judgment is held in escrow while payments are being made.

Read more
Answered on 2/06/13, 5:28 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts