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Question
I was recently served a summons to appear in court on July 8th for a credit card debt. I notified the company originally I was in hardship and asked for program to rehabilitate my account. Unfortunately, the company offered no such program and closed the account. Six months later, I am served for the credit card with collection action taken by the company.
I have tried numerous times to contact the collector handling my account within the law firm. I have left multiple messages but he has not return any phone calls. I have tried to contact and discuss with another collector in the firm and get transferred into his voicemail.
I live in FL and I have been told by a friend I need to register for court. There is no information as such on the court summons. Can you provide any information as to how to approach this firm? Should I continue to call the company in hopes for a settlement prior to the date? Do I just go to the pre trial and ask for a settlement option? If so, is that granted most of the time without a judgement on the credit report?
You need to respond to the summons.
______________________________________
Can you provide any information as to how to approach this firm? Should I continue to call the company in hopes for a settlement prior to the date?
You cnn do that if you have the funds to pay them with.
Do I just go to the pre trial and ask for a settlement option?
Yes, you can do that too.
If so, is that granted most of the time without a judgement on the credit report?
Probably not. They will probably want you to sign a stipulated agreement which they turn into a judgment immediately.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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