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Sued for credit card debt, need some basic advice.

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    Sued for credit card debt, need some basic advice.

    I recently received a Citation that I am being sued by Target National bank for a credit card debt that I owe. It says I am commanded to appear by filing a written answer to the Plantiffs petition in about 2 weeks. I called the firm that is suing me to set up a settlement and was transferred to a department where we did set up a settlement in 2 payments. He said once they receive the 2nd payment they would dismiss the case and not pursue further action. As long as I make these 2 settlement payments is there anything else I need to do? Do I need to send a written response? If so how do I respond?
    Thanks for your advice.

    #2
    Ouch.

    Rule 1: if it is not in writing, it never happened. You should have had them send you the settlement in writing....odds are they will "forget" because that's how they roll. They will pocket your agreed upon amount, and then sue for the rest anyways.

    As for the court thing...you MUST answer or they will get a judgment against you anyways. You either admit (obvious ones like who you are), deny (anything that you know to be false) or "do not have enough information to admit, therefore I deny" to anything you are not sure of, or is combined into multiple parts. Affirmative defenses and counterclaims are also done at this time, if you have any.

    DO NOT blow this off. Especially since the settlement was not in writing.
    First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

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      #3
      You have to get the settlement agreement in writing - do not make that first payment without it!!!!
      Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
      New Job 7-2011

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        #4
        Call the lawyer back, and tell them you need an agreement in writing that spells out your conversation by phone concerning the 2 payments you're agreeing to make. Be clear to the lawyer, without that in writing, you won't be sending them anything. Without that, I'd agree with the other posters, they will have all kinds of opportunities to take advantage of you.

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