Quick Answer: When sued for sold credit card debt, the debtor must file a court response or settle before a default judgment occurs. The attorney recommends contacting legal aid immediately and getting any settlement terms in writing, including confirmation that no default judgment will be sought.
“Dear Jeremy,
I HAVE A $5,000.00 CREDIT CARD DEBT WITH WELLS FARGO
THEY SOLD MY DEBT TO A COLLECTORE. I BEEN SUE AND KNOW THEY WANT TO PUT A DEFAULT, I CONTACT THE LAW FIRM TO SEE IF I COULD GET A PAYMENT ARRAGMENT THEY SAY YES. IM NOT WORKING IM RECEIVING UNEMPLOYMENT BENEFITS, THERE WILL TO ACCEPT $100.00 DOLLARS A MONTH BUT THEY WANT TO PUT A 10% APR
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I DONT KNOW WHAT TO DO BECAUSE THERE NOT WILL TO LOWER MY DEBT OR LOWER MY APR.
PLEASE GIVE ME AN ANSWER.
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Elly”
Dear Elly,
You need to contact an attorney or a legal aid organization in your state as soon as possible. Since you have been sued and have notice of the lawsuit you need to file a response in the court or settle it out of court. What you do not want to happen is allow the creditor to obtain a default. Since you already indicated they want to get a default it is in your best interest to file a response before your time runs out.
If you happen to settle the account make sure you get in writing the terms of the settlement. Make sure they also confirm that they will not be seeking a default judgment against you if you settle.
Jeremy Golden, Esq. is one of the resident debt experts here at GetOutOfDebt.org that helps people for free. Jeremy is a consumer rights attorney licensed to practice in California. He represents individuals in cases against debt collectors for violations of the FDCPA. He also focuses on defending people in collection cases who have been sued by their creditors or debt- buyers. In the last five years he has won at trial or obtained a dismissal in over 200 collection cases. Recently he was voted one of San Diego’s Top Attorneys in the field of Consumer Law by SDMetro Magazine. His website is goldencardona.com
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
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