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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88770
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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hello i have a question about a small claims suit my son is

Resolved Question:

hello i have a question about a small claims suit my son is in, it was over a small
cap one credit card, which started out as 500. now with fees and collections is aroun 1700.
he was taken to court a year ago, and by default they one because he knew he owed it and he didn't fight it. they then couldn't garnish wages nor did they try because he was
19 or 20 and he wasn't making enough money anyway as a waiter and was in college.
we tried to get them to set up arrangements but wanted it ALL in one lump sum so it
was put off as they wouldn't work with us and we told them we were willing to pay it.
now he gets another summons on the Same suit by same company to show up to answer to assets , etc. a year later. in september. my question is if we can get this together and be done with it and pay it will he have to go to court still? and if they won't take
small payments we would just have to save for two months and get one huge money order and pay it when we have it correct?
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
If they will not take any payments, then you need to show up in court at the asset hearing and he needs to explain to the court that he has tried to pay the debt by payments and they have refused them and ask the court to order the plaintiff to either negotiate a payment plan or set up payments so that he can pay it off in 2-3 months and courts will usually do so because they are not happy when a defendant is trying to pay a judgment and the plaintiff is being unreasonable.

If you can get payment together before the court date, then you need to make payment and you need to inform the attorney for the other party to file a motion to withdraw the debtor's examination and file a satisfaction of judgment.


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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88770
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 11 other Business Law Specialists are ready to help you

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