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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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CC debt charged off sent to a recovery dept lawyer. Got given

Customer Question

CC debt charged off sent to a recovery dept lawyer. Got given summons with no county stamp nor clerk of the court signature. If i dont go i could have a judgement entered. Total debt they are attempting to get2086.00. Do i go to court and tell the truth that i dont i dont have the money?
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.
Hi, my name is ***** ***** I will do my best to Answer your question
You should call the Court and ask the Court Clerk if your case is on the calendar. This way, you will know for sure if the case is really listed.
You are correct that if you do not appear in Court at all, a default judgment will be entered against you. But, it would be a good idea to go to Court because you might be able to negotiate a settlement for a lesser amount. If the creditor/Plaintiff will not agree to a lesser amount, then you might be able negotiate payment in installments that you can manage.
It is also a good idea when you are talking with the Plaintiff to allude to the idea that you will be forced to file a Petition in Bankruptcy if you cannot come to an agreement to settle for a lesser amount or for installment payments.
You do not have to actually file a Petition in Bankruptcy, just make the Plaintiff believe that you will file Bankruptcy in which case he will receive zero and any judgment the Plaintiff obtains against you will be discharged in Bankruptcy.. A majority of the time, a Plaintiff will agree to settle for a lesser amount if he can be convinced that any judgment the Plaintiff obtains will be worthless once you file for Bankruptcy. It is certainly worth a try and you have nothing to lose.
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ANDREA

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