Hey everyone, so today some guys stopped by and handed me this big envelope marked “summoned.” Turns out I’ve been sued for $2200 over some old credit card debt. I got this card when I was young and didn’t really understand how it worked. Now, the letter says I have 20 days to respond, and it lists all the details of what I owe. Should I talk to a lawyer, go to court on my own, or try to contact the company to negotiate? I’m leaning towards the third option, but I’d love some advice!
I’m a lawyer (not your lawyer), and here’s the deal. If you ignore the lawsuit, you’ll lose by default, which means they can go after your wages or bank account. First, check if it’s an old debt that’s past the Statute of Limitations (SOL), which depends on when you last paid and the state rules. Sometimes if it’s too old, they can’t legally collect, but you need to show up in court to make that defense. If you were under 18 when you got the card, there may be other defenses too. You could also look up the National Association of Consumer Advocates to find a lawyer specializing in this type of case.
@Brook
> because credit card agreements have attorney fee provisions and in most states if a lawyer defends a credit card case and wins, the credit card company will have to pay for that lawyer’s time.
Is that true? I’ve never heard of that before.
@Oak
Yeah, if the credit card company loses, it’s because they messed up. They have people doing all the paperwork, so it’s rare they’d let that happen.
@Brook
I’m planning to call the agency and see if I can make a payment plan to pay it off.
Finian said:
@Brook
I’m planning to call the agency and see if I can make a payment plan to pay it off.
My spouse has a similar debt and pays $75 every two weeks.
@Brook
Solid advice 
@Brook
Last payment I made was in 2022. Indiana’s SOL says it’s 10 years for written contracts, and 6 years for oral contracts.
@Brook
If the original creditor isn’t listed in the lawsuit, ask them to show proof you agreed to pay the debt. You should only be required to pay the original creditor.
@Brook
If they don’t have your actual address, can they still proceed with the case?
Dara said:
@Brook
If they don’t have your actual address, can they still proceed with the case?
Didn’t you just say you received the summons?
Dara said:
@Brook
If they don’t have your actual address, can they still proceed with the case?
Didn’t you just say you received the summons?
Nope, different person here.
Dara said:
@Brook
If they don’t have your actual address, can they still proceed with the case?
They just have to show they made a reasonable attempt to serve you.
@Brook
Just to add, ask for a copy of your contract. If they can’t show one, they have to stop collecting and remove it from your credit report.
Used to work in collections. First, make sure the papers are legit and that the debt is actually yours. Then, try calling the agency to see if they’ll settle. You could ask something like, “Will you take $1,600 to close this out?” Worst they can say is no, but sometimes they counter-offer.
@Milan
Always get any settlement in writing!
Clayton said:
@Milan
Always get any settlement in writing!
I don’t have cash right now, but I’d like to set up payments. Would they work with me on that?
Clayton said:
@Milan
Always get any settlement in writing!
I don’t have cash right now, but I’d like to set up payments. Would they work with me on that?
How old were you when you got the card? Under 18 means you couldn’t legally enter into a contract.
Before agreeing to any payments, do some research. You might get Midland to drop the case. If they sell it to someone else, do the same thing with the new company. Check for an arbitration clause in the cardholder agreement; it could cost them more to go through arbitration than they paid for your debt.
Try reaching out to the agency that sent the summons and see if they’ll work out a repayment plan.