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Posted: Wed Nov 15, 2006 7:33 pm Subject: I wanted to pay them, but...

My husband lost his job, and my business went under. We sold our house to pay our creditors. We wanted to negotiate with them, but they wouldn't take anything less than owed. Now, 3.5 years later Resurgence Financial served us the court documents. I only work 10 hours a week. Can they garnish my husband's wages if the card was on my name? I don't want to take our cars and belongins, because that is all we have.
What can they do to us? Can they really take us to court regularly?
I owed $10K, now they want more and the papers say that they will push for $25K.
Any help would be appreciated.
V.Gee

Posted: Wed Nov 15, 2006 8:12 pm Subject:

If you don't mind me asking, what type of debt is this??

Posted: Thu Nov 16, 2006 10:56 am Subject:

Unfortunately, there are chances of taking you to the court because the debt is legitimate. The judge will fix a payment plan according to what you can afford. If the card was solely in your name, there are less chances of garnishing your husband's wages

If I were in your place, I will call for a debt counselor's help. They are trying to manipulate the debt by fixing unnecessary charges. debt settlement will be a good option and if this happens, the creditor will withdraw the case if it's filed in the court. Some professional advice will be helpful.

vgee · Posted: Thu Nov 16, 2006 4:25 pm Subject: answer to your questions

It was a simple Citibank credit card.

Thank you for the advise. I e-mailed to some lawyers. I hope someone will actually get back to me. Holidays are coming, noone wants to deal with this kind of things...

I just don't want to pay them out of principal. They don't want the money when I could give it to them, but come after me, when I don't have it. Doesn't sound right... Citibank would have gotten more money if they settled 3.5 years ago, then selling the account to this volture company...

Posted: Thu Nov 16, 2006 4:42 pm Subject:

Resurgence is trying to collect on my Chase card I had a few years ago. It was a $500 limit, that by the time Chase charged off, was $1373. Chase reported a $1373 balance for about a year, and that is the number on all the notices I have.

Out of the blue, Resurgence sent me a letter saying I owe them over $1800.00, and this was 2 months after the last statement Chase sent saying $1373.

I'm thinking either that's a lot of interest to charge in two months, or they're trying to add on a $500 collection fee???

So I sent them a certified letter saying I would pay $1200 as settlement, but that I disputed the $1800 and requested a detailed calculation how they came up with that figure.

Instead of validate it, they went to court. They have been trying to serve me, (I can tell from the Cook County Court website) but I guess I'm never home when they come with the papers. So they just keep setting a new court date.

When they do, I'll show up to court with my proof that I disputed the debt and requested validation; and that the sued me in violation of fdcpa for not validating my debt.

Let me know if you find an attorney. I called one, Edelman Combs Latturner & Goodwin. They sent me a reject letter saying they weren't interested in my case.

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