Just served small claims papers for a credit card

[RMASSEY1107]

I was just served small claim papers for a credit card. I lost my job and a substantial part of my income since I am only getting unemployment. I tried to pay what I could and it has been sent to collections, now to small claims court. What do I do now? I agree that the debt is my responsibility however I am still unemployed and have no way to pay it back. What do I do? What happens if I don't go to the hearing? Can contact the attorney off ice and work something out or is my only option to go through the courts now?

 

[Theresagail]

Of course you can call the attorney and see if you can work things out-- They may not want to work things out-- however if you have no assets and are on disability I don't know where they think they are going to get $$ out of you-- you can tell them that too. If you can not come to an agreement over the phone GO to Court and tell the judge you can afford x amount of dollars as you are unemployed etc.. If you don't go they will get a judgment against you.

 

[Michael Wechsler]

One other thing - put on a good show and be firm in front of the other attorney. Do not be intimidated. They may end up going to court to get a judgment because it is prudent to do so. Saying you don't have money isn't a defense, obviously, and the best you can do is to try to works something out.

Note - as nice a guy as I am, I'd probably go to court and get a judgment anyways. It's the only protected the person you didn't pay has to ever make sure they can force you to pay up when you do have the money.

 

[jharris352]

The lawprofessor has a good point. They aren't necessarily going to try to make you pay now. They have to attempt to collect the debt before they can write it off on their taxes. A judgment solidifies their position and gives them a way to collect when you do have the money. Go to court. Be firm, it isn't the end of the world.