I am being sued by Capital One for $2285 and have a court date of July 11, 2011. I am not sure how to proceed. Should I go to court and let the judge decide? If so, will I be forced to pay the amount in full immediately or can I make payments that are reasonable? I've also read about filing arbitration with JAMS and that a lot of debt lawyers will back off and not pursue it because of the costs and headaches that would be involved. Finally, I have yet to speak to their lawyer about it but would it be in my best interest to call them to see if they would work out a payment plan before going to court? If we do come up with a plan, will I still have to go to court? Thanks again for your help!
I suggest hiring an attorney to help you settle the debt. I have experience in working with situations similar to yours, and have had good results in negotiating settlements. Debts are easier to settle while in collections before a lawsuit is filed, but if you cannot afford an attorney, I do suggest contacting their lawyer and trying to work out a payment arrangement. If you owe the debt, you will likely lose in court.
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