QUESTION

I had filed my answer at the court clerk office for consumer debt and now I have a court date. How should I prepared myself and what do?

Asked on Jan 23rd, 2012 on Consumer Law - New York
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1 ANSWER

Mortgage Banking Law Attorney serving Peachtree Corners, GA at Franzén and Salzano, P.C.
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Good for you for filing your answer! I am curious about what you said. Generally you lose unless you can prove that you don't owe anything (because you never entered into a contract, you did not sign anything, already paid it off, etc.) OR because the contract was illegal (you did not have capacity to contract, the rate is illegal, there as fraud, etc.). If it's simply the case that you can't pay, then you will walk out with a judgment against you. You need to find a defense and then provide evidence to convince the court that you don't owe the debt. That is your mission, and it is fact-specific. If you do owe the money and just can't pay, then you might want to try reaching out and offering a settlement. While it might be too late for that, a bird in the hand is worth two in the bush, and the lender might accept a smaller lump sum to make this go away. Best of luck in working this out.
Answered on Jan 27th, 2012 at 5:01 PM

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