Q: I have a default judgment and the bench hearing is tomorrow. Should I negotiate and pay before the hearing tomorrow?
I was on a payment plan with portfolio recovery but missed a payment or two because my debit card was hacked and forgot to update my account. The immediately sued me after.
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A:
It's understandable that you’re in a difficult situation right now. If you have a bench hearing tomorrow, it’s crucial to weigh your options carefully. Negotiating and paying the debt before the hearing could show good faith and potentially influence the court's decision positively. However, you might also want to consult with an attorney to understand the implications fully and ensure you are making the best decision for your circumstances.
Missing a payment due to a hacked debit card is a legitimate reason, and explaining this to the court could potentially help your case. Make sure to gather all relevant documents and evidence that show your previous compliance with the payment plan and the reason for the missed payments. Presenting this information clearly can demonstrate your intention to fulfill your obligations and might lead to a more favorable outcome.
Consider whether negotiating directly with Portfolio Recovery before the hearing could result in a settlement that prevents further legal action. Sometimes, creditors are willing to work with you, especially if they believe you are trying to rectify the situation. If you reach an agreement, ensure it is documented in writing and approved by the court to avoid future complications.
Timothy Denison agrees with this answer
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