Lawsuit from a debt?

[93_Accorn]

Someone is trying to serv me papers for summons to court. Can I contact the lawyer/attorney they are using and agree to pay what I owe and cut their attorney/court costs? I'm trying to avoid court and just pay up but I don't want them to go to court still and have to pay their fees.

[deevergote]

You could try. It's possible that the attorney won't talk to you, preferring to talk to another attorney (which means you'd have to hire one.) You could also attempt to contact the owed party and make your offer there as well. I would include an offer to pay any attorney fees incurred to this point if you want them to agree.
Another option could be to let it go to court and arrange for structured repayment. Go prepared with an offer, present it to the judge, and you may be able to repay the full amount (including additional fees and costs) in monthly payments. You'll end up paying more, but it'll hurt less than paying one lump sum. Just don't default on those payments! (My ex wife made payments to me in a similar fashion... she did default, of course... but I didn't take her back to court over it... she got lucky.)

[toycar]

most likely its civil court. in that scenario, request a "Remediation hearing" or request "remediation" through the court. ask your clerk of court how to proceed. simple process but varies by state. either way, yohll likely have to pay balance in full.

you could offer to settle, but its a crap shoot if theyll take it and you usually have to pay all at once to do so.

dodge the process server and they cannot proceed until ylu have been served papers. up to you hoq to maneuver.

[93_Accorn]

I had taken a loan out from a loan service and failed to pay back. Not responsible I know. Anyway the process service left his card at my house and gave him a call. He told me who it was but haven't met with him to be served. I call the loan place and they said they can't do anything about it and they don't have the loan information anymore. They gave me a number to call which is John Cheadle, a lawyer under cheadlelaw. I contacted that number but didn't speak with John himself but some lady. I asked her about making payment options and she said sure and asked what I could like to do. Told her I'd like to pay x amount of dollars per month. She said it was fine but I'd have to pay x amount in the next 10 days. She told me how I would pay and other information. Asked if I still have to go to court so they can make judgement and said no. Would they go to court and I have to pay their court costs or dismiss it? Or would court be rescheduled since I haven't been served my summons papers?

[Fleetw00d]

Whatever you do, get the settlement arrangement in writing before giving them any money.

[93_Accorn]

Good point. This is my first time going through this and I went in to panic mode. So I guess I verbally agreed to make a payment in 10 days which I really shouldn't do that since I don't have settlement agreement in writing correct?

[deevergote]

Whatever you do, get the settlement arrangement in writing before giving them any money.

Exactly. If it's not in writing, it doesn't exist. If anything, steps taken in good faith could influence sympathy on behalf of a judge if it does still go to court.

[Fleetw00d]

If you do make a payment, get a receipt. You have 10 days to get the agreement in writing.

[93_Accorn]

Thanks guys. Really appreciate the knowledge given to me. Helps me to ease my mind as what to do since I over analyze things.