I have a Chase CC debt for approx $8k that has been turned over to Zwicker and they are filing suit against me. My CC was closed out in 2008 but I made my last payment in May of this year. I know that Chase recently removed Arbitration from their terms but since my CC was closed in 2008 wouldn't the Arbitration clause still be apply? I have read that it may be a good idea to send a settlement letter to Zwicker with a clause that says that if they don't accept the settlement offer then I choose to invoke the "rights to Arbitration per the Chase arbitration contract". Is this a tactic that anyone has heard of? I wouldn't be able to afford more than a 30% settlement. Thanks...
Chapter 7 Bankruptcy Attorney
Arbitration is usually worsse for the consumer then a lawsuit. Arbitration forums (place) are usually where the company is located, not necessarily where you live. The credit card companies have waived their arbitration rights because recent legislation reqiures that they do so.
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”
PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT!
You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!
Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.
I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.
Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.
Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…
When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.
Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!
Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
Chapter 13 Bankruptcy Attorney
I agree with Mr. Araujo, that arbitration probably won't be the best route for you, as the consumer to go. Because the lawsuit has been filed, and thus money expended to collect on this debt, your chances of settling are greatly diminished. I would recommend contacting a bankruptcy attorney in your area to find out what your options are. If you have already been served with the lawsuit, this should be done as soon a possible as your time to file an answer is running (generally 30 days from date of service). Most bankruptcy attorneys in the Atlanta area offer free consultations, which is a great start to see what options fit you best.
I agree with the above responses. You should consult a bankruptcy attorney right away to deal with this or if you are not interested in bankruptcy you should fille a response to the lawsuit and contact the attorney to discuss settling and a payment plan