I received a summon for credit card debt, and plan to settle out of court.

Asked over 1 year ago - Santa Barbara, CA

i received a summon last week for 4000 debt . I'm planning to settle it out of court . I have already created a letter requesting to settle and for how much , and when etc , and a request for debt validation . I know mean while I have to answer to the court on the document PLACED - 010 where do i state that I'm settling with the company ? and do i check ADMIT ? Please help i want send my response to the court as soon as possible . Also , does Santa Barbara have E - filing for court documents ? i could not find any info

Attorney answers (3)

  1. Adrienne Patricia Allen

    Contributor Level 15

    7

    Lawyers agree

    Answered . You can call the Santa Barbara court clerk to find out about e-filing. You are correct that regardless of ny settlement negotiations, you must file an Answer to the Summons & Complaint. It is not important to state in your Answer that you are attempting to settle the case. You just send that letter on the side. If it settles, you will ask the Plaintiff to file a Dismissal With Prejudice to end the lawsuit. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . you need to make sure that you file a timely answer to the complaint. The amount you owe may not be 4k when you add in court costs, attorney fees, interest and so forth. I would contact a lawyer such as myself who is experienced with debt collection matters to assist you in resolving the matter. Good luck.

  3. Christopher Robert Blevins

    Contributor Level 4

    2

    Lawyers agree

    Answered . I have handled a number of these matters and in my experience the creditor will typically extend your time to respond to the Complaint if you are in legitimate settlement negotiations with them. Be sure to get any extension in writing, and if i goes beyond two weeks you will need to get a court order approving the extension.

    You must timely answer the Complaint or you can be defaulted and have a default judgment entered against you. Also, if you admit all of the allegations there is nothing to stop the creditor from moving for judgment on the pleadings or summary judgment and obtaining the full settlement amount. Do not miss your deadline to respond to the Complaint.

    The above is general legal analysis. It is not "legal advice" but analysis, and different lawyers may analyze... more

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