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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16387
Experience:  Experienced Licensed Attorney
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Hello, I am being sued by Portfolio Recovery for a GE Capitol

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Hello, I am being sued by Portfolio Recovery for a GE Capitol credit card debt that I defaulted on from about 2 years ago. I am in California. The original debt was for $3,100. They are asking for $4,900. I had 30 days to respond to the court summons. I now am at the 27th day and have not yet responded. 30th day is Oct 19. My original thought and reason for not responding was that I had planned to call Portfolio and try to settle for a lower amount. I was waiting until I had enough money to be able to make a decent offer. Should I still make an attempt to settle? Should I scramble to get the legal response to the court and the plaintiff's attorney by the 19th regardless if I settle or not? I am now feeling like I do not want to pay these guys after reading about them and their practices. I especially do not want to pay more than the original debt. Thank you so much for your prompt advice.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

It is always important to file an answer with the court to a lawsuit for delinquent debt within 30 days, since if defendant does not file answer within 30 days, then the creditor's attorney will obtain a default judgment for the full amount they are suing for and will be able to enforce such judgment by garnishing judgment debtor's wages, bank accounts, seizing personal assets such as cars and placing liens on any real estate property that judgment debtor might owe.

Settlement negotiations can be also done once an answer is filed by the defendant, however once the creditor gets a court judgment, they will be less likely to settle and especially to settle for a much lower amount, so defendant always has a better chance of obtaining a settlement for either lump sum reduced one time payment settlement or acceptable monthly payment before the court judgment is issued to the creditor.

I wish you the best of luck!
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