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When a creditor decides to take you to court to get the money he is owed there will inevitably be a certain amount of paperwork involved. It is very important that you always reply to county court claims. When a creditor decides to sue you for the money that is owed he has to file certain claims but before he files he must attempt to get you to pay. The court also expects you to try to make a deal with the creditor before it goes to court. You can make an offer of payments that you can afford to pay. The creditor may accept the offer if he sees what your budget is like. Send a copy of your Financial Statement along with the offer. If he accepts the payment arrangement there will be no court to worry about.
If you cannot come to an agreement there will be county court claims to fill out. Replying to county court claims is very important. Make sure you reply to any paperwork the courts send you. Before it gets to the point of replying to the court you will receive information from the creditor. The creditor must send information such as the amount of the debt, how you can pay the debt, how to contact the creditor, and where you can get advice. If this information is not supplied to you and the creditor goes ahead with the court case, you can talk to the court and get the amount of the debt lowered considerably.
You have no reason to be afraid of court when you have a suit brought against you for payment of a debt. Most times it does not get to the point of an actual court hearing. You may find that replying to county court claims helps you out. Especially when you show that you tried to make payment arrangements with the creditor. The court will look at your budget, what you have coming into your household and what you have going out of your household and will decide on a payment. You may be ordered to pay the amount owed in full or you may get payments set up for you.
If you object to the amount of the debt, the courts will check all of your information that you have to prove your case before making a decision.
When you fill out the county claim forms there will be a form where you list all of your income and expenses. It will also have a place for you to enter what you can pay back on the debt. Make sure you put in the offer or the court will make you pay the full balance owed at a single payment. If you put in an offer the court will look at your budget and decide if it is a fair offer. There is a good chance if you can prove you can only pay a limited amount that the court will allow that payment. The creditor also has a say in this. If the creditor accepts the offer the courts will set up when the payments will begin.
If the creditor does not accept the offer it will be up to the courts completely. They will decide on the amount you must pay back to the creditor. It could be in your favour if you show the courts you cannot afford to pay any extra. If the courts feel you can afford a higher payment than you offered they will make you pay more.
When a loan is a joint account both parties will receive county court claims. Both parties should make replying to county court claims their top priority. With joint accounts do not leave either form blank. If a payment arrangement was set up put the amount of the payments on the forms. Half the amount should go on each form for the joint partners.
It is true that no one wants to go to court. Unfortunately as long as there is debt there will be courts to hear this sort of claim. Try to make arrangements with the creditor to pay back part of the money. If you make an honest attempt at reaching an agreement with them, things should not go any further, otherwise a court appearance may be unavoidable.
It is best to avoid letting things get as far as county court claims. You can get help with paying back your debts through specialist debt management companies. Use the form below to apply for debt help now, or view the list of recommended debt management companies.
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