I was served a complaint and summons (with a blank court date) for collection by a credit card company. I have sent a settlement proposal to which the plaintiff has not responded. I also believe I was improperly served, in that I am instructed to appear in court but no court date is given.
A party has no obligation to accept a settlement proposal. Hence, refusal to respond to a settlement offer is not a valid defense to a complaint.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
While it may not be a complete defense to the action, an offer of settlement MAY under limited circumstances be a basis for "cutting off" interest on the debt, so it may be worthwhile to assert that as an affirmative defense. If you feel that you were served improperly, you can challenge service, but that may involve a significant expense (you have to pay the 1st appearance fees anyway, plus motion fees and the time spent preparing the motion and appearing at it may not be recoverable), and in the end you may only be delaying the inevitable (i.e. your involvement in the case). You should be able to check on the court docket for upcoming dates. If financially feasible, you may want to consult with a local consumer rights attorney in your area. There are many out that that do it for low costs.
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
Call the court re. your court date. Just because no court date is mentioned in the complaint does not mean service was improper.
As far as your settlement proposal is concerned, plaintiff is under no obligation to acceptably thing less than what is owed to him/her ( inclusive of permitted interest). Therefore, using plaintiff's lack of response as a defense to the complaint is not a proper defense and use of this defense will probably be the subject of a motion filed by plaintiff later on down the line.
This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm. If you'd like to discuss your matter further and set up an appointment to meet, contact Law Offices of Jennifer M. Mendelsohn: (201) 796-7700.
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