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Asked 12/2/2009

Received a Summons and was told to contact this company within 20 days.

I never signed for the summons and the man told me to ignore the word summons. He said it is there way of threatening you into calling them. I do understand that it is my debt and I need to repay it. I approached a bankruptcy attorney before I stopped paying my credit card and he told me if I don't want to file for bankruptcy that it would be best to let it go into collections because they will work with you and allow you to make a monthly payment that is best for you. I followed his instructions and now the credit card company has sent me a summons. I called the place who sent it, they asked me what I pay out each month in bills, how many kids I have, what my income a month is and what debt I have. I told them and they came up with an amount that is way more then what I was paying the credit card company in monthly payments. I told them it was to high and said what I could pay. They told me that if I don't pay there amount they will take me to court and garnish my wages and put a freeze on my bank account. I did agree on the amount because I was so scared. I know that I can't afford it without not making my full house payment or paying another bill. Do I have a right to call them back and ask for a smaller amount or am I stuck with the amount I did agree with? I don't see how they came up with the amount because I'm living paycheck to paycheck and sometimes I only have 5$ in my account after bills and groceries. The summons did not have a case # is it fake?

 
 
 
 
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Answer 1/2 - Submitted 12/2/2009

Only a court can issue a summons. If it is not from a court then it is not a summons (I would have to see it to be sure). It may simply be a notice of intent to sue; they are telling you that you are about to be sued in civil court for a debt you owe. If you verbally agreed to an amount it is a vaild contract; you may however, amend the contract by calling them and asking for a new, lower rate and payment. If they accept, the amendment must be in writing (unless the call is being recorded and you are told, in which case, the recording serves the purpose of a writing). The company will usually send you a letter with the agreement detailed and you will be asked to sign and return it with payment. You may want to use bankruptcy as an option to threaten the credit card company... If you claim bankruptcty, an unsecured creditor like a credit card company won't get much of abything (unsecured creditors get their money last in bankruptcy). The notion that they will not get any return on their money may prompt them to make a better agreement with you. You also have to option of hiring an credit agency to help you fix your credit; they will negotiate lower payments and interest rates on your behalf and often for a very small fee. For further information look up the Fair Credit Reporting Act

 
 

Answer 2/2 - Submitted 12/2/2009

I was told that I would receive information in the mail that I needed to have notarized. I did call the company back and asked to speak with the person I was dealing with and they did not have her on file. I asked for the name of the person that was listed on this summons and who signed the summons and there was no person with that name at the company. Im starting to think this is all false and Ive been scammed. If I were to stop paying my credit card why did the credit card company not contact me first?
If the conversation was recorded do they have to say this conversation is being recorded?. I was also told by her that if I file bankruptcy that I can't include this in the bankruptcy because I agreed to pay.

 
 
 
 
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