I need help and advice from anyone who’s been through something similar or knows how to approach this situation.
I owe Chase Bank about $12k, and I couldn’t make payments for over a year and a half because of medical issues. I just got served with papers and am waiting for a court date.
Some background: I lost my job over a year ago because I was dealing with constant medical procedures, hospital stays, and frequent doctor visits. My health issues made it impossible to work. I’ve now been working a full-time job for about a month, but I don’t have the resources to hire an attorney right now.
Does anyone have advice on how I can handle this without a lawyer? Or is getting one absolutely necessary? Any guidance would be much appreciated.
You can try using a service like SoloSuit. It might delay the court date for a while, and sometimes cases even get dismissed during that time, but don’t count on that happening. If the court date is close, your best option is to contact Chase’s lawyer and negotiate a payment plan you can afford. Another option is to show up to court, explain your medical hardships to the judge, and hope they rule in your favor. It’s a gamble, though.
Marlowe said: @Flann
Have you or anyone you know actually used SoloSuit? How effective is it?
Yes, they provide a template for you to respond to the court. It’s essentially what a lawyer would do to stall the case or try to get it dismissed. I don’t remember if they mail it for you, but it’s easy to use.
Going into court without a lawyer is risky. The attorneys representing Chase will likely push for a summary judgment if you don’t have legal representation. If they win, they can move to garnish your wages or place a lien on your assets.
It might be better to negotiate directly with their lawyer for a payment plan you can afford. If you have access to credit, you could consider rolling the debt into another account to avoid a hit to your credit score.
@Rey
You’re not wrong, but hiring a lawyer isn’t always necessary. In most cases, a lawyer would respond to the case (similar to what SoloSuit does) and hope the court date gets delayed or dismissed. If a court date is close, they’d negotiate a payment plan with the other side. If you’re comfortable doing this yourself, you can save the cost of a lawyer.
Marlowe said: @Flann
Is that really the usual process? Respond to the case, delay it, and then negotiate a payment plan if it gets close?
That’s pretty much it. Lawyers often just buy you time and then work out a payment plan. If you respond yourself using the correct template, you can do the same thing. Just be careful—if you respond incorrectly or not at all, it could lead to a judgment against you much faster.
I’ve been in collections for 30 years, and my advice is to contact the attorney representing Chase and try to negotiate a payment plan. Most attorneys will work with you because they’d rather settle than drag it out. If you can’t afford a lawyer, you can reach out to legal aid services in your state for free or low-cost help.
Marlowe said: @Fraser
Can I negotiate directly with the attorney myself, or will that hurt my chances?
You can absolutely negotiate yourself. Many people contact our legal team to settle cases on their own. Just be honest about your situation and offer a reasonable payment plan. Having a lawyer can help, but it’s not required. You might also want to check with nonprofit legal aid groups for additional support.
First, try reaching out to Chase and see if they’ll work with you on a payment plan before the court date. Gather any medical records or documents showing your financial hardships, as they can help you in court. If you decide to go without a lawyer, make sure you research your state’s debt collection laws to ensure everything was handled correctly. Good luck—you can get through this.
Marlowe said: @Zan
I already contacted Chase, but they told me to speak to the lawyer handling the case. I’m trying to stay on top of this as best I can.
That’s because once an attorney is involved, all communication goes through them. Reach out to the lawyer and see if they’re open to negotiating a payment plan. Most would rather settle than go to court.
If things are looking bad, consider filing for Chapter 13 bankruptcy. It would stop the lawsuit immediately, and you could set up a payment plan to cover all your debts, not just Chase. If you complete the plan, the remaining debt gets wiped out.