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anyone ever been to court over credit cards? what was the outcome

Posted: Sun Mar 16, 2008 10:45 am Subject:

Welcome to the Community Very Happy

To answer your question- yes there are people that have been sued, and it varies on the outcome.

If you have received a summons, you need to respond to it in the time frame, or they will get a default judgement.

If you can tell us a little more info- what state you are in, how old the debt is, who has the debt, and last payment, as well as are you positive they have the right to collect and it's your debt.

If it's the original collector, it's also different...good luck..Karen

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i am in a similar situation and i was wondering what the odds are of being able to settle this debt out of court? i got a letter from a law firm wanting to settle the debt and then a month or so later i received a summons to appear in court on a civil warrant. i am being sued by the original creditor (capital one). i was wondering if i could contact thier attorney here in TN (where i live-the debt originated when i was living in CA) and attempt to settle this out of court. any information you could give me on this matter would be much appreciated. i charged $100 on a card that had a $300 limit and asked them shortly there after to close my account which they didn't do. so now, 2 or 3 years later they are saying i owe them $1600 in late fees and finance charges plus i will be responsible for court costs ect...please advise me on what a reasonable offer would be and how i go about contacting them?

thank you,
-k

palms1124 · Posted: Wed Aug 27, 2008 7:35 pm Subject: Also being sued

We have a court date set for pretrial conference/mediation. They list the amount as a little over 1k, when I called they said with court costs, attorney fees and interest is was now over 2k. They finall agreed to settle for 1,500, I had offered 1,200 and they refused. When I asked for something in writing they sent it but it was not signed by them or dated although it did have a place for the attorney to sign. They are requesting we sign and do a check by phone. We don't want to have to go to court. Are we doing the right thing? We have no paperwork and have no idea what the amount owed is. However, when we pulled the credit report it appears there is more than one attorney suing us for Wells Fargo (the credit card company).

Posted: Wed Aug 27, 2008 10:18 pm Subject:

I have been to court with a creditor, with much help from Teresa at Superior Debt I was able to learn all that I needed to do to get this taken care of, even when I was not a client of hers. She was more willing to help point me in the direction of where the information was. So let me help those that are facing similar situations.

1) be sure to prepare a budget, list all your expenses and income gather up utilities statements, receipts, invoices, all that you can gather.

2) be sure if you have a medical condition to get a letter from your doctor detailing your health issues.

3) DO NOT ignore the court date or responding to the court. search on the internet for samples of response letters or call the court clerk and ask for guidelines in responding to the court.

4) If any kind of changes happened such as job loss, health issues (depression, blood pressure, cancer, having a baby, etc) all of these are viable and can be quantified by the doctor.

5) If you are in a program to assist you with the debt, you will also want to bring or submit a copy of the contract. So illusrate to the judge that you are working on taking care of the debt and not just letting it go.

6) REMEMBER you are building your own case, you'll want to give the judge as much information about your situation with documentation to prove your case. The only way the judge can help you is if you can give them the information needed.

In my case, after doing all of the following. The judge ruled to stop all interest, reduced the amount of legal fees and I pay $75 a month until the debt is paid in full. WOW this was a huge relief. Superior Debt has a huge asset with Teresa as their counselor. I would not know where to start, so now I can share with you all my experience and give you a little direction. This is like a pay it forward!

Good Luck

Posted: Wed Aug 27, 2008 10:26 pm Subject:

I was served a civil summons this MArch by Mann Bracken (Chase credit) and the amount on the summons was about 7600.00 (5000.00 of it was from the original account). I had 30 days to respond and thought that the debt settlement co. I had hired 2 years prior would help me deal with this stressful situation (DTS). Well, I was wrong, they offered no help only that they got a one time offer from the Plaintiff of 75% (over 5K) and I could not afford that. I dropped them since the only way Mann Bracken would talk to me was to take away the power of attorney from the Debt Co. Suffice it to say, I settled with MAnn Bracken at 50% of the debt (about 3700.00) and requested a written form to verify this that we had "amicably settled" the account. I hope my story helps...one more thing, while settling with this party I believe I spoke to them about 4 times before they agreed to the 50%. The first call was not pretty though but I swallowed my pride just to rid myself of the vermin.

Posted: Thu Aug 28, 2008 6:27 am Subject:

what type of settlement firm were you with? So they did nothing to help you?

Melben, how much did you owe Cap1?

Posted: Thu Aug 28, 2008 8:10 am Subject:

The only thing they offered was to help me with bankruptcy. UGH a law firm debt settlement company. Even after 2 years they make my blood boil.

I owed Cap1 $6k so I just keep paying my $75 per month until it is completely paid for. It iwll be years before they get all of their money.

susan howard · Posted: Tue Sep 23, 2008 7:36 am Subject: I've been sued

I received a summons to appear in court in October. I owe 1800.00 to a credit card company. I lost my job and I tried to get them to reduce my monthly payment and they wouldn't. What do you suggest?

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