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Hi. I'm looking for suggestions on this issue. I owe $2,476 to the creditor Gault Financial, who is collecting on behalf of HSBC. I received a summons to appear in court - they have filed a civil suit against me in the amount of $3,594 that includes interest and court costs, legal fees. I can pay this off, but wonder who I should call - HSBC or Gault - to try to get this worked out without having to go to court on Jan 11, 2010. Has anyone been through this or could you offer suggestions on how I might handle this and whether or not it's too late....
Any suggestions would be greatly appreciated! Thanks!
Now that they're represented and have filed suit, you'll have to contact plaintiff's attorney to arrange payment.
Usually how it works is you offer to pay them in exchange for withdrawing the suit. You want to find out what their process is for that, and how you can verify that it has been done. So basically you'll want everything in writing, and once you get that, you'll want to confirm directly with the court that you are squared away.
Depending on the court rules, they may be able to withdraw the case in advance of the court date, or somehow notify the court that the case has been settled. It varies. You just want to make sure that you understand the process. You can also call the clerk's office for the court to try to figure this process out.
You will also want to get a document called a "release" signed by them, which releases you from any further obligation to the original creditor or the plaintiff CA with respect to this debt. They should have a form release that they routinely use.
Contact the attorney for plaintiff. Ask about making a payment or settlement arrangement prior to hearing. Do this in writing, CMRRR. Do this immediately.
Good luck!