Question by  perfectlocks (87)

Can a defendant request that a collections case be dismissed?

I am being sued for credit card debt.


Answer by  patti (29325)

Go to court with detailed records of your finances/income/debts/bills paid/bank statements,/utility bills/lease/mortgage, and show cause why you can't. It is helpful if you show records of attempts to work with the creditor to set up even minimal payments.


Answer by  patti (29325)

Go to court and take along every piece of paper you can to demonstrate your inability to pay. Show proof of living expenses (rent/mortgage, food/utilities/insurance, etc.). Bring bank statements. Prove that the reason you haven't paid the credit card debt is because you are unable to, not because you don't feel like it. The judge may rule in your favor.


Answer by  fippin (49)

If you have made arrangements with the company to pay the balance owed, you may request that your collections case be dismissed. However, it would be up to the judge or mediator whether or not dismissal would take place. The company you owe would also have to submit paperwork indicating that arrangements have been made to satisfaction.


Answer by  Dean (4035)

You can asked, but you must show cause for the dismissal; for example, that it is an old debt. You may also be able to show why you have not paid/cannot pay and have the judgment in your favor, rather than the creditor's.

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