Q: My father has been sued in the small claims court in GA for an overdue credit card debt. I want to pay it off, but how?
A:
With your father's authorization, you can simply contact the plaintiff's attorney to inform them you would like to pay off the debt. The plaintiff is always open to receiving the full balance. If you choose to pay the full balance prior to the deadline for filing an answer to the complaint, more than likely the plaintiff's attorney will simply dismiss the case. Your father will receive a notice of dismissal.
In many cases, plaintiffs are open to settlement agreements. If you are looking to settle the debt, it is imperative that your father receives the terms for settlement in writing and that this agreement (also known as a Consent Agreement) be signed by all parties and filed with the Court. By filing this document, the Court becomes aware that the parties have reached an agreement.
Another point to keep in mind is the deadline of 30 days in which to file an answer after being served with the complaint. Negotiation with the plaintiff's attorney regarding the debt will not stop the clock to file an answer.
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