Being sued by credit company

Luckily time is on your side. You can still try to make payment arrangements without having to go to court. Do file a written response stating that you would like to work out arrangements to pay this off. Try this before you call an attorney because you may be able to get this worked out on your own.

Thank you for your help! Do I file a written response with the court stating I would like to make arrangements to pay it off? If so, do I then need to contact the credit card company (by letter or phone?)to try to make arrangements?

First off, I think you should write an answer to the court stating what you would like to do, because you have 30 days to give an answer. I am not really sure if the courts then contact the credit card company or not. I was never smart enought to file an answer and had a default judgement against me and I made payment arrangements after that. Give it a little bit and I am sure someone will come along and tell you exactly what the next step should be. :)

ooking at these court papers again (I am in California), it says "you have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you." It also says that "your written response must be in proper legal form if you want the court to hear your case" - what do they mean by "if I want the court to hear my case?" The court date is already set for Aug. 15. Apparently, there is also a filing fee for my response, and it says that "if you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court." Now I'm really freaked out - I have no money for an attorney, but make too much salary to be given one.
A new development, I just now checked my voice messages, and there is a message from the law office suing me to call them. Should I? This is all so confusing - I don't know what to do.

A new development, I just now checked my voice messages, and there is a message from the law office that is suing me to call them. Should I? This is all so confusing - I don't know what to do.
After looking at the Fair Debt Collections Practices Act, should I send the attorneys a letter asking them to validate the debt by providing me with the name & address of the original creditor, showing me that this debt was sold to them, and how they calculated the amount I owe them, as well as a complete payment history, a letter of agreement that bears my signature, and a letter of sale or assignment from the original creditor to their company? Or is this all something to be put in the response letter to the court? HELP!

Yes, you have the right to send a letter to the attorney asking for any evidence against you. Ask if the debt was purchase or assigned. Ask how they calculated the amount of the alleged debt, in full. Ask them to provide any contractual obligation to them.

Thank you so much for your help. So I should not return the phone call from the law office that is sueing me, but rather write them a letter? Or should I just try to figure out how I am to respond to the court within the next 2 weeks in "proper legal form", which the law office will get a copy of and include in that my request for evidence against me? Would the law office be calling me to try to settle? I feel somewhat vulnerable in returning their call, yet I don't want to blow an opportunity to settle this - but I also don't want to get trapped by them via the phone (I suppose I could tape the conversation if that would help protect me). I can't tell you how much I appreciate your assistance.

Another question - upon close inspection of the summons served on me by Atlantic Credit & Financial's attorney, Law Office of Curtis O Barnes, there is a notice of "Case Assignment & Notice of Case Management Review" from the Superior Court of California, County of Los Angeles, about half way thru the summons packet. It says that the above entitled matter (although the plaintiff and defendant sections are blank) has been assigned to the Judicial Officer, Judge Diana Wheatley, for all purposes including trial. It goes on to say that "No appearance is necessary. The court will set any furture hearings/required actions, based on the Case Management Review. Your Case Management Review has been scheduled at the courthouse address shown above on Aug. 14, 2007, at 8:30 am."
WHAT DOES ALL THIS MEAN? Am I being sued? The first page of the Summons, labeled SUMMONS, says "Notice to Defendant" with my name and then "You Are Being Sued by Plaintiff" with Atlantic Credit & Finance, Inc." That certainly sounds like I'm being sued - but there is no court date on this sheet, just the date of filing which was April 25, 2007. How can I find out what is going on? I sure as hell don't want to miss the court date if there is one, besides this Aug. 25 date. I can't make it if my wages are suddenly garnished out of the blue.

I would call the courthouse and ask them. They can tell you when/if you need to appear and what your next action should be. Since they are impartial they are the best ones to ask this question to. They can't give you any legal advice, but then can explain the procedures to you.

When I got too deep into debt I got into a credit reduction program and they are supposed to be handling negotiations with my creditors. It appears I am still being sued despite that. Should I tell the people suing me about that program before it goes to court, or are they just not willing to negotiate with my credit management program and are suing anyway?

I got a letter from an attorney rep.credit card debt and they asked me questions about injuries medical bills and future medical bills i did not reply waited for court date. Got 2nd letter a default from court never got notice for a court date. Can they attach my pay

It depends on your state. Most states allow for garnishment after a judgment has been obtained. TX, SC, and NC are three that come to mind that do not allow wage garnishments.

No Appearance Case Management Review scheduled for Sep. 19 in LA County Superior Court. I found out by accident that a collector is pursuing a legal action against me.
I have never of this company and never received anything from them in regards to this debt. In addition, I have never received anything from the Court.
So, I checked the record and found the case against me is filed.
What is No Appearance Case Management Review?
I contacted a law office who has handled many cases brought up by this company.

I too was served just last night. The letter is very similar to the OP's I found it odd that a plain clothed guy driving a regular pickup truck gave them to me. He was just a courier. I also, did not have to sign for anything which I thought was odd as well.

I am pretty sure it's from a CC I had a few years ago. Long story short I became a broke college student and quit paying. Well now I have a good job and can make those payments. Is it really necessary that I have to appear in court? Can I just make payments to them? If the plaintiff won't accept payments I guess I will be forced to go to court. Also, are there any kind of convictions the state can follow up on me? Can I be arrested? I did notice in this thread that they do not allow your wages to be garnished in Texas. Should I pull my money from my bank account?

I've never had to deal with anything like this before and am looking for some info.

When I got served last year for an old CC, I called the lawyer that was suing me. I set up payment arrangement s with him. He faxed me paperwork to sign saying that I was agreeing to the payments and so forth, Once I signed and returned it to him, he filed it with the court. No appearance necessary. It actually cancelled the court date. They were very willing to work with me. Try calling them to see what can be worked out. Be prepared though many times they are going to ask you a lot of questions regarding your bills and income and such. They explained to me that they did not want to set an amount that I would end up not being able to pay and be right back in court anyway.

Could someone please tell me what a default judgement means exactly I have two from two different credit card companies. I just couldn't take care of everything, fell behind on mortgage and wanted to get that squared away before I obligated myself to pay anyone else. Now I am ready to tackle this but do not know where to start. Should I write letter with some kind of payment arrangement schedule to attorney offices? Please help
Thank you

That is a good question "What is the default judgement?"

Oops that was me posting that above, I didnt relaize i wasn't logged in.

A default judgment occurs when you do not answer a summons or show up to a court date...hence the word, "default." An attorney can also essentially fabricate one, by intentionally failing to properly serve a debtor.

It is a court order that allows (per state laws governing exemptions) garnishment of wages, liens/levy of property. Judgments accrue interest at a statutory rate, and often include the creditor's court costs and attorney fees.

The sheriffs office is trying to serve me in the state of NJ, (From someone who purchased my credit card debt)I have been away so they havent actually served me yet, I was told they have just left a notice in the mail box. Can I still be sued while Im away if they never got to serve me with the papers? I wont be back in NJ for a month or so and am worried. I am actually avoiding calling because at the moment and letting them know Im away. I have bigger fish to fry and dont need this on my plate also. so I wanted to know if I can wait the month out before I take this on, and can I get sued in the mean time if they cant find me to serve me? thanks.

Well Nia i guess that depends on the state law of service. I'd imagine that if they can't find u to serve u then they may be able to move on and do what they need to do. I think u need to call and check on this instead of ignoring it as i did. Ignoring only makes things worse, trust me on this!
Much luck,
Ang

cc debt about 20000$. largest cc 8000$. They're taking me to court in NY. I stopped answering their calls as I can't repay the way they want me to. They want alot of $$$ up front and then a couple of payments to pay it all off quickly. I can't do that and keep my home. If they garnish my wages I'll lose my house!!! What do I do????

Moving this topic to the top for more thoughts, suggestions and replies please.

I too am in the same situation, I lost my apartment earlier this year (I managed a property for someone and when the property closed down I too lost my apartment), I moved in with family and just today I was given a summons to appear in court in two weeks, I called the # on the court summons and was directed to the law office, when the attorney picked up I spoke with him and he stated I was told of this court date, I was not, yes I moved however I never recieved any waord on being sued until today, and in two weeks I have to appear in court , well, first I must pay the $143.00 to APPEAR in court which I cannot afford, I lost my job in January of this year and we're now losing our home, I don't even know where to turn now, this was the last thing I needed, I did not skip on them, I was actually still paying on my accounts and even paid some off including my school loan, yes I undertand I ose these monies and trust me I want to payto get these people out of my life, I just don't know what to do at this point. I will certainly write to the courts , what I'll say, I don't know.

Can a credit card company file a judgement against the sale of your hom? If they can, can they file for late charges or the original amount?

What state do you live in?

[QUOTE=Anonymous;688728]Being sued by Atlantic Credit & Finance? I can help win your case.
Atlantic Credit & Finance is what???s known as a "junk debt buyer"...they purchase very old debts from various lenders at about 7-8 cents on the dollar. 96% OF THE DEBT THEY PURCHASE CANNOT LEGALLY BE COLLECTED. However, they count on you never fighting your case ??? giving Atlantic Credit & Finance a default judgment against you. They use scare tactics (serving you with court papers, harassing letters/phone calls) to get you to budge and make some type of payment arrangement. When you do, you waive all your rights, and they can legally collect from you.
If you were served papers from Atlantic Credit & Finance, YOU HAVE 30 DAYS TO RESPOND - otherwise they will win the case by default and can legally collect the debt from you.
If you want to win your case, I have a turn-key way to do it. For $74.99 - You will get Atlantic Credit & Finance off your back, you won't have to pay anything to them, and you'll never have to go to court.
I started doing this because companies like Atlantic Credit & Finance are taking advantage of honest, hard working people. I'm one of those people, and I wouldn't stand for it. I think everyone deserves the power to fight companies like this without being charged $250 an hour by an attorney. I am in business with my family???We've been around for 35 years, and manage a variety of projects across the country - we have the knowledge and staff to help you win your case. We'll never charge you more than $74.99. PLUS, we're very professional, friendly people ??? we treat our customers like royalty :)
Feel free to contact me if you're interested or have any questions ... [email]vizitllc@gmail.com[/email] ??? I will always get back to you within 24 hours.
Remember, you only have 30 days to respond after you get served papers. Don't let them win by default - take action and win your case![/QUOTE]

Please don't confuse these debt laden posters with "honest, hard working people". Honest people pay their debts and do not get taken to court. Honest people pay higher interest rates because of people that do not pay back their debts. I can't dispute that most of these folks are hard working, but getting in over your head and not paying your bills does not make you "honest". If everyone in society failed to pay their debts, the credit markets would cease to exist.

Fight this debt :hug:

There are a ton of websites that will help you fill out your responces to the court. The most important thing never ever let them get a default judgement. They paid at most ten cents on the dollar for the debt so if they are trying to collect 3500 they at most paid only 35 bucks for it.

In several stats [FONT=Courier New]as per Restatement (2nd) of contracts; There only loss could be the consideration paid for defaulted alleged debt, as They did not perform the contract; lent money or extend credit. [/FONT]
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[FONT=Courier New]All states also have a statue of limitations on which they can collect.[/FONT]
[FONT=Courier New]An 90% of the time they dont even have proff they purchased the debt they never send anything for the oringal creditor becasue they dont have it.[/FONT]
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[FONT=Courier New]on site that has helped me in dealing with these debt buyers is http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=293752[/FONT]
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[FONT=Courier New]search the forum you will see examples of what defenses have worked and how to respond. [/FONT]
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Gosh Bruce. I guess you haven't heard of the fraud perpetrated on the American people by the very banks who own our debt that caused us to default by making our homes virtually worthless, while they continue to make billions. You are a simple minded idiot. Now move on to the AA website so you can call them names for working on their addictions, you swine.