Collections Law/sued by Chase

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Expert: Michael Brotherton - 5/14/2007


Question
I came home the other day and found a notice on the floor in front of my apartment saying that I was being sued by Chase Bank for a credit card debt. I am behind on paying this, but intend on paying it off. I have not received the statement for this card in several months even though I have asked for one. The notice states that I must respond to the county courthouse within 30 days of receipt. Do I need to go in person or can I send a certified letter stating my intention to pay? Is a lawyer necessary? I had already sent off a payment before I had received this notice. I would appreciate your advice.

Answer
YOu may respond in writing to the courts. This is your "Answer" to the complaint. Try to defend yourself and advise the courts that you have made an attempt to resolve this and get caught up but the lender was uncooperative. Get your day in court and speak your piece. In the meantime, send a letter to Chases attorney and make a settlement proposal under the condition they dismiss the case, or make a payment proposal and you will sign an agreed judgmnent entry if they agree not to execute their judgment or file wage garnishemnts. Once the debt is paid they agree to dismiss the case. Put this in writing to the attorney for Chase. If the attorney agrees with your proposal you may not have to go to court but make sure you get something in writing.

If you need help with this contact me and I will be happy to assist.

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Michael Brotherton

Expertise

Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience

Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.

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