Can I negotiate a settlement for an old company credit card debt once I am sued?

Bankruptcy 1 views 3 answers
I received a summons and a copy of the complaint suing me for a past company credit card bill. The person delivering the notice suggested I call then number for the plaintiff and tell them that the company is no longer in business. Can I negotiate a settlement with them on my behalf or am I past that point?

Attorney Answers

3
Madeline Rowan 3343588.Html ·
You can always contact the creditor or their attorney and arrange a settlement of the debt. Be sure to never send funds or give debit information and authority until you have something in writing detailing the agreed to terms of payment. In fact, I would suggest never allowing debit of your bank accounts in any case (with or without written agreement). It's like someone reaching in your pocket, they can take more than they are supposed to, or continue to take (debit) when they shouldn't. Keep the control on your side when making payments. As to the fact that the business no longer exists and whether you are liable for the debt personally is another matter that requires more information. The answer provided here does not constitute legal advice and should not be relied on as such. The attorney's response to your question is only offered for informational and educational purposes. No attorney-client relationship has been created. This attorney is licensed to practice in the state of NY only. For real legal advice, a licensed attorney with jurisdiction in your state should be consulted.
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Dorothy Bunce ·
Why would you take legal advice from a process server? This is not someone who has any qualifications to help you, nor do they have any motivation to help you. When you have been sued, you need to file the appropriate court paperwork. Without filing the paperwork, you have no credibility. The attorney for the creditor knows that if you don't respond in writing within 20 days, they've got you & there will be very little you can do about it. You probably have been sued because you were a co-signer on the company's credit cards. The creditor won't care that the company no longer exists because with your guarantee on this debt, they will just collect from you! You need to respond to a complaint in writing by filing a document called an “answer.” The Courts in Nevada do not use official forms, so you will want find an example of an “answer” and follow it as closely as you can. In an answer, you respond to each claim made against you, sentence by sentence or paragraph by paragraph with one of four phrases - “Admit” (it’s 100% true), “Deny” (it’s 100% false), “Admit in part and Deny in part” (some of it is true, some is false), and “Deny for lack of Information (You don’t know whether it is true or not). Unless you dispute some part of the lawsuit, even by saying you don't know, you have not effectively challenged the lawsuit & the court will rule against you. Of course, you must sign the answer & in most places, a notary will need to certify that you were the person that signed the answer and that you signed the answer under penalty of perjury. Then file the Answer with the Court & wait for a Court date to be scheduled. Hope this perspective helps!
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