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 Posted: Sat Nov 11, 2006 7:57 pm Subject: Is it to late |
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Is it to late once you have received a summons for one charge off credit card to try some sort of debt management? I have 5 big credit cards charged off, 1 has issued a summons for Jan.2007. I don't have lump sums for settlement, but I don't want to lose what i have because of this. Is there any solution at this point?
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gbguhse
Joined: 11 Nov 2006
Posts: 2
Debtcc Points: 68
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| Posted: Sat Nov 11, 2006 8:29 pm Subject: Yes and no |
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If they already filed a suit, then they probably won't agree to a debt mangement proposal. You might be able to call and make payment arrangements in lieu of a trial, but they're not going to let you get away with paying them $30/month; probably more like $150-200 (or more depending on the balance you owe).
In a last resort, if it does go to trial, show up and then work our your payment arrangements in court.
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DebtCruncher
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| Posted: Sat Nov 11, 2006 9:45 pm Subject: |
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If a collection agency takes me to court for a charged off credit card, has does the process work? I guess what I'm wondering is, I'm in Michigan and the collection agency is in California. Do they issue the court appearance in my state or the state of the collection agency?
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Guest
Debtcc Points: 100
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| Posted: Sat Nov 11, 2006 11:08 pm Subject: |
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Per the FDCPA:
| Quote: | ยง 811. Legal actions by debt collectors [15 USC 1692i]
(a) Any debt collector who brings any legal action on a debt against any consumer shall --
(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.
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In other words, they have to sue you where you live. If they did file in their state, somehow they would have to serve you (usually a sheriff has to serve you and it's not likely that a CA sheriff would drive out to MI to serve process). Even if they found a clever way to do it, you could just file a foreign appearance and request a change of venue to your own jurisdiction.
This means they would have to find an attorney in Michigan who would represent them. If they find an attorney in MI, the attorney usually sends you his own letter saying he's about to sue you. Then if he wants to go through with it, he would file a case. But before there could be a trial, you would need to be served with a summons.
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DebtCruncher
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| Posted: Mon Nov 13, 2006 8:26 am Subject: |
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Welcome gbguhse  Since there is a court date set, I would call the attorney or whoever sent you the letter and try to make arrangements. Alot of times they will do this to keep from going to court too. If they won't, you can file a hardship paper from your courthouse if you are in a hardship. But you have to do this before you go to court,so check with the court clerks office and see what they say. Good Luck...KAren
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Bossy4455
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