Marietta, GA asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Georgia

Q: Should I file my answer to a debt collection lawsuit first or try to negotiate a settlement before filing an answer?

I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to be filed in certain cases.

Capital One is the original creditor. How likely would it be for me to be able to negotiate a settlement which includes dismissing the case without predjudice rather than signing a consent judgment?

Should I try to work out a settlement first, or file an answer and wait until the hearing to try and work something out just before trial? The case is in Cobb County Magistrate court.

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: I’d try before filing the answer, although you may want to hire a lawyer to do it for you.

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