HELP! Urgent

[AfterTheStorm]

HELP! I am being sued for an old Target credit card. They have hired an attr to handle it and have sent the citation to make me aware of the situation.

The orig dept was up to 2900. They are willing to settle for 1700 and today said I'd have to pay it by Monday.

How can I get a PFD by then? What's my best course of action?

I feel I NEED a pay for delete from target if I'm going to shell out that kind of money. And no I don't want to go to court. Thanks!!!

[Anonymous]

Is this within SOL?

If it is, IMO, I'd be more worried about getting it paid and stopping a judgment then a PFD. But this is me.

At any rate, you need to call the courthouse and see how you are to answer a summons and find out what your state requires for you to "properly served"

Message Edited by sidewinder on 03-28-2008 11:30 AM

[Anonymous]

Correspondence must all be in writing with return receipts through certified delivery methods.  Do not speak to them via phone unless you have legal representation.

[AfterTheStorm]

Unfortunately, yes it is within the statute of limitations.

And yes, I quickly called them because I don't want a judgement. I was told that stays on your credit for up to 10 years.

And I had a bankruptcy 10 years ago. Thank God it is being removed from my report THIS year. So I do not want anything strong on the report.

[Anonymous]

I edited my post.

At any rate, you need to call the courthouse and see how you are to answer a summons and find out what your state requires for you to "properly served"

[AfterTheStorm]

It may be to late for that.

Have  I crossed the line yet? This is what happened....Once I learned they were looking to serve me with the citation, I called Target National Bank. They told me it was turned over to an attr at this point and I had to wait till the attr contacted me. Well, since I knew they were looking for me at my old mailing address (they obviously didn't know I'd relocated), I called the attr myself to stop the legal actions from moving forward (stop possiblity of a judgement). They wanted me to pay the 2900, then 2500. I negotiated down to 1700 (but I'd have to pay in 1 large lump sum by Monday).

What would you do to resolve from both directions...judgement and residual bad credit left over from the payment.

[AfterTheStorm]

The courthouse said to stop the judgement, I should write a letter either saying I own up to the dept, or I do not.

I talked to a lawyer here in the state of TEXAS, she said before they can pass the judgement, they must notify me that I am being sued. I MUST be aware of the lawsuit. And therefore, I must respond within 10 days.

That brings on another question. I initially started negotiating with the attr's on Tues of last week. I wonder does that begin my "10 days" ? If so, my paying may be in vain.

[Anonymous]

I would say it's 10 days from formal notification receipt, meaning when you are delivered notification in writing.

[AfterTheStorm]

I called the court and confirmed, the 10 days applies to responding to the COURT not the attorney, after I have been served.

Under Texas state law for their Rules of Procedure, I found this below, which basically says after they can not locate me, they can try other methods and if still unsucessful, continue with the suit.

RULE 106. METHOD OF SERVICE

                (a) Unless the citation or an order of the court otherwise directs, the citation shall be served by

any person authorized by Rule 103 by

(1) delivering to the defendant, in person, a true copy of the citation with the date of

delivery endorsed thereon with a copy of the petition attached thereto, or

(2) mailing to the defendant by registered or certified mail, return receipt requested, a

true copy of the citation with a copy of the petition attached thereto.

(b) Upon motion supported by affidavit stating the location of the defendant's usual place of

business or usual place of abode or other place where the defendant can probably be found

and stating specifically the facts showing that service has been attempted under either (a)(1)

or (a)(2) at the location named in such affidavit but has not been successful, the court may

authorize service

(1) by leaving a true copy of the citation, with a copy of the petition attached, with

anyone over sixteen years of age at the location specified in such affidavit, or

(2) in any other manner that the affidavit or other evidence before the court shows will

be reasonably effective to give the defendant notice of the suit.

[AfterTheStorm]

Are you saying to make sure I get the agreement of 1700 in writing?

The attr's say the offer of 1700 will expire on Monday so I only have today and Monday.

How do I handle this?