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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.