Contact creditor directly to make payment arrangement after being sued.
Credit card charged off. My dad is on account too. He received court summons from lawyer for plaintiff (credit card co.). Card used for medical expenses since I do not have health insurance and lost my job. My dad retired on limited SSI.
I do not want a judgement placed on my dad, he is very sick and has Alzheimer now.
Can I contact creditor directly to make an arrangement and they dismiss the suit?
—arlene
I have a few questions for you. If you can answer them in a comment reply below, I may be able to provide more than just general feedback.
- How long ago did the credit card payments stop?
- Who is the bank that issued the credit card?
- Is that creditor listed on the summons your dad was served with, or is another company name?
- If it is another company, what is the name of that company?
- What state does your dad live in?
Generally, once an account is placed with an attorney, all communication and attempts to resolve the account have to run through them. You can contact the creditor or debt buyer and try to work directly with them, but it is likely you will be directed to the law office.
You can work with the attorney to establish a settlement or workable payment arrangement. If you cannot gather the amount of money needed to settle the account, and instead commit to payments over a period of time, be sure you are agreeing to an affordable payment that you can pay each month.
If a judgement is entered and your father has only SSI income, the judgement may not be enforceable because SSI is exempt from garnishment and levy.
About Michael Bovee
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Michael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry, and is a regular contributor to several personal finance websites.
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