I have done a bunch of reading on this site and others, but have a few questions that I haven't seen an answer to.
1. Should I represent myself or hire an attorney? I know that I only have 20 days to respond (I live in Delaware), so I know that I need to make a decision quickly.
2. Most of the suits that I have seen discussed are brought by a collection agency. This appears to be being brought by the original bank (Citibank). SOL doesn't come into play because my last payment was 6/08. How does this change the procedure? Should I still request validation after I submit my response?
3. Do I actually have to go to the courthouse to file the response or can I mail it Certified?
4. I had called the attorney's office that filed the suit and tentatively agreed to make payments (but didn't or at least I don't remember admitting to the amount of the debt). What worried me is that they said that even if I start making payments they'll still get the judgment, but not act on it. I presume based on my readings that I should still file an answer, but do I trust them to not act on a judgment?
I will probably have some more questions (unless I decide to go the attorney route), but that is enough for now.
Thank you for your help!
Hi polyglot717
I am not totally understanding your situation, but I'll still try to answer to the best of my knowledge.
Do I actually have to go to the courthouse to file the response or can I mail it Certified?
Yes, you do need to go to the courthouse to file your response.
If you have a demand for validation, you need to send this in at the same time. Otherwise you could send in the demand for validation separately through certified mail with a request for return receipt.
What worried me is that they said that even if I start making payments they'll still get the judgment, but not act on it.
They are more interested in getting back their money than going to court. You don't know what they would do so stop worrying about it. What you can do to make things better for you is to send them the monthly payment that you think you can make until you pay off the due. Remember to get a return receipt from them along with a consent to the written agreement also in writing.
Maybe you could give us more details so that we can help you better :)
I agree. I would make sure I filed my response before the time limit was up. I believe an atty at this point is just extra money you do not need to spend and could use towards the debt.
They may file the judgement just to ensure you will pay but as Carol said you can not be sure what they will really do because it costs them money to proceed. The best thing at this point is to try to negotiate the debt down some. Most will settle for less. Then make payment arrangements and maybe ask about a pay for delete since the Original creditor still owns this debt. It would clear the mark completely from your report after you paid it off.
Just make sure you get any pay for delete offer and repayment offer put in writing before making your first payment. This will ensure they will hold up to their end of the bargain after you have satisfied the debt.