Anyone ever been to court over credit cards?

Welcome to the Community :D 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

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

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).

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

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.

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

Melben, how much did you owe Cap1?

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.

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?

I live in Ohio and work for a company in Kentucky...I took out a payday loan and paid on it for years...We had some medical bills and other bills and it got to where I could not continue to pay the payday loan company...I stopped payment on the ck..Today received a summon to go to court...My question is don't they have to file in the state I reside in...On the summon they listed my home address as my job address which is in Kentucky and the summon is for the Kentucky courts...

I just got a summons to appear in court for a personal loan that I have been behind on in payments due to my divorce! Help, don't know what to do!!

I've received two summons. Each time, I was able to settle before the court date and the cases were dismissed. Call the attorney or plaintiff listed on the summons, and ask them if they will negotiate a settlement. They may surprise you with an affordable amount, or a payment plan that works for you. I am amazed at the number of people who DON'T do this.

my mom was was served a few months ago. we didn't know we had to file an answer until the court date today. now there is a judgment on her for a 8k. she has no income or property. well, she has two cars but she is only the co signer. what will happen if she don't pay?

sorry to hear about your awful experience melben1, that stinks that this happended to you, but dont disregaurd all companies this way i had a excellent settlement company. As for judgement, I had 1 that ended up in judgement they absolutely refused to discuss anything with my settlement company. so i got a summons, i went to court and they did not show up. I explained to the judge what happened and that i was attempting to pay them but they were not coopertating. He was angered that they would waste the courts time by not showing up and not working with me. so considering i had no income i did own my own home though he put a lein on my home. His advice is if i had no intentions of moving this really would not effect me, and to just pay it when i could. No time limit or anything just pay it when you can. after i was done with my settlement company I had more than enough in my account to give them what they wanted, my company said they would still do what they could but i told them i just wanted it over and paid them. So dont be too fearful of a summons expecially if you dont have a income there really isnt much they can do.

my mom got sued for a credit card bill she owed since 2006 she needs to respond to her summons what are some things she should include

I GOT A SUBPEANA, WHICH SAID TO RESPOND IN 30 WHICH I HAVENT' DONE AND IT'S PAST THE 30 DAYS, WHAT SHOULD I EXPECT NEXT? HOW LONG WILL IT TAKE TILL THEY GET A HOLD ON CHECKING ACCOUNT WHICH I USE TO PAY BILLS? I DON'T WANT TO BE SURPRISED WITH A LOT OF BOUNCING, WILL I BE WARNED?

judgement in thier favor will be awarded, and if you are in a garnish state they will either attach your wages or whatever they feel is necessary. you should recieve info on it after the court date as to how they will be collecting the debt

IArrow Financial Services is suing me on behalf of Bankf of America with regards to a credit card debt, witha time frame of 20 days to respond (WA state). As I have other debts, medical, student, etc., would a debt consolidation company be an appropriate intervention?

I recieved a justice court summons for 1558.49. Do you think if I called them and said i will send 30 or 40 a month they would do it. I don;t know what to do

If you have a valid, provable hardship, I would suggest you show up in court and plead your case. The worst thing to do is ignore it. However, people need to remember that there must be a legitimate hardship if they expect for some help from a judge. Poor money management and big cellphone plans are probably not going to be viewed very compassionately by a judge.

went to court ,settled outside court w/mann bracken.agreed to pay 100.00 month by cashiers check.been paying for 8 months they wont send me anything that shows what i owe,have requested 3 times.....what should i do

Did u request it in writing? If not, do so...create a papertrail.

What was the original amount you owed? Apply your payments towards that and try to settle for have of the balance owed...make them go away...they are horrible. Use the search box above and find out about them...also try budhibbs dot com website...you'll see that Mann Bracken is trash...

wrote them twice and my balance was 8000.00, i called them and they just said i had court cost attached to that also .would not give me balancewt

I am being sued by a creditcard company for 2000.00 and have responded to the claim tried at the courthouse and have received my court date. I called the company and tried to settle it outside court but cannot afford 150.00 per mth. They are not willing to take anything less. I am only parttime now and tried to offer 50-75.00 a mth until debt is paid off but was declined. I bring home 150.00wkly what will can I expect to happen in court

They will probably get a judgement against you...however you should show up and tell them they refused your offer.

I'm being sued by a credit card company. i never opened the card nor did I have knowledge of this card be opened in my name until they contacted me. I know the proof would be that none of the signatures in payments match mine and they prob weren't from the same area. Also, I reported identity theft around the same time. I will be getting a summons soon. i now know who did it but I can't go after them legally. If I take the blame what are the penalties. Will there be a hold on my checking and savings account. (I don't have any money in it) what else. I just graduated from college and have yet to find a job. I live in South Carolina. If I pursue the credit card fraud someone I love could be in a lot of trouble. I don't know what to do.

I received a summons from the court on June 29, 2009 and I applied an answer on August 10,2009. The credit card debt is way back two years ago. The credit card contacted me last week telling me the credit card company is no longer negotiate with third party other myself. They want to know my situation, my pay vs. monthly expenses. What should I do? Start paying small monthly payment to delay the court judgement? I do not have extra cash. I engaged in a debt consolidation company but they told me they cannot help me with this particular credit card company and want me to handle myself.
I am not a professional and I do not know how to convince them to come up with a settlement amount. My balance is $31,000 and I wish then can settle with a payoff amount of $10,000 on structural payment.

I was sued by Citi for under 3K. I got court summons through mail on the last day that i was supposed take any action. It said i have to take action within 20 days of the complaint. To make the matter worse i got the legal notice on the 20th day in the mail. I had no clue what to do. I searched all the forums for advice and stumbled across this one. Somebody in a thread suggested to talk to the attorney of the plaintiff. I did that. I called him and told him about my situation. He asked me whether i'm interested in a minimum monthly payment or a lump sum settlement? heck yes. And i agreed to pay less than 75 bucks a month. Now that my financial situation has improved i'm paying large sums and hope to get rid of my debt in 2-3 months.

Folks, just call the attorney of the plaintiff first. You'll be surprised by the result. Explain him/her about your situation. Be polite. If you are in a financial dissarray let him/her know. Be honest. I hope this helps anyone who is in similar situation.

Best of Luck

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Here is my situation. I live in Florida, own a house with some equity on it, current on payment. I own 3 cars fully paid but they are old (10 years old). I have 4 children 22,21,14 and 12 years old. They're all in school. I am the sole provider. The boys do have part time jobs. my gross in income a little over 60 grands. I owe about 40 grands in all. I've been sued by one creditor so far (chase), for the balance of $2,600.00. my hearing is 3 weeks away. any suggestion? i am thinking bankruptcy, but the lawyer is asking $1,700. do not have that cash on me. thanks

Here is my situation. I live in Florida, own a house with some equity on it, current on payment. I own 3 cars fully paid but they are old (10 years old). I have 4 children 22,21,14 and 12 years old. They're all in school. I am the sole provider. The boys do have part time jobs. my gross in income a little over 60 grands. I owe about 40 grands in all. I've been sued by one creditor so far (chase), for the balance of $2,600.00. my hearing is 3 weeks away. any suggestion? i am thinking bankruptcy, but the lawyer is asking $1,700. do not have that cash on me. thanks

sorry for the double posting

Tonight I was being nosy and checking my state's circuit court website for info on someone and decided to look up my own name even though I knew there would be no record there since I'm a relatively good girl. Well, imagine my surprise when I see that I've been judged against for some debt of around 2600$. I had minor issues with debt about 6-8 years ago when I was younger and a little irresponsible, but I've been very disciplined since then. I did not even recognize the creditor who supposedly sued me and looked it up and determined it is a company that buys really old debts. I have no idea what the debt is even for since I have never owed that much to anyone. I was apparently sued in 2008, but I was not even living in the state, let alone the address (my parents house) listed on the court documents. I was never served - my parents never informed me of being served at their house if I was and they don't know anything about it. I have no idea what is going on and am really freaked out. I worked hard to get out of the relatively minor debt situation I had years ago, I even took financial responsibility classes. I don't know what to do. I've apparently been sued without my knowledge for a debt I don't even believe I have. What can I possibly do?

i owe capial one $600 can they sue me for this? its been sent to a creditor?

I got a notice that my case is set for January 26 for a Statue Conference. I owe 12K. I live in Ohio and this credit card debt is from 2005. I am at a loss. We have no money but we do own a house. I am pregnant and on Medicaid because I lost my job. What is going to happen I am so scared. I am supposed to go to crt or call in and don't know what to do.

i received credit card debt summons over 5000$ what can i do?iam traveling 2 my contry and stays there?

I AM UNEMPLOYED AND LAST EXTENTIONS, ON SOCIAL SECURITY AND NO EARNINGS IN MICHIGAN 15% UNEMPLOYMENT RATE. i AM BEING SUED BY A CREDIT CARD COMPANY. WHAT CAN THEY TAKE FROM ME?

what if the plaintiff does not give you a phone number?

look been to court u never see the judge sit down with the lawyer who represents credit co and tell him why you cant pay my case long term disability due to accident they were actually pretty good but you may have to go twice they want to make sure you dont have money six months later

I had 2 capital one credit cards, both with a $500 limit.

They were both carried a balance of around $475, I was stuck on a budget paying the minimum on each card, and a few bucks extra when I could. Minimum was $15/each card.

The capital one website was down on the day my payment needed to be made, and it took 2-3 days longer than normal to process my payment. This caused 2 late fee's of $39/each card, which put them both over the $500 limit and I was stuck with $39 over limit fee's on each card.

I had a similiar problem in the past, and tried to pay early, but it just wasn't possible this time. Capital one had been understanding once before, when their website was down, and they waived these fee's. I figured they would just do it again, THEY DID NOT!

So now when I am expecting to pay $15/each card, or $30/month total, I'm stuck with $93 on each card, or $186 total, just to be caught up with the fee's.

Obviously I couldn't make the payments, and there was nothing at all that capital one would do for me about the fee's or working an arrangement. After a month of non-payment my account was closed, without my consent, and a couple of weeks after that I started recieving phone calls from capital one's in house debt collection.

The calls were never ending, especially since I had 2 cards in the same situation. They would constantly harass me, and refuse to make any payment arrangements under $100 a month. A year of this goes by, and realistically I was in a bad time in my life, and I had to choose between food, or credit card payments, so I made the obvious decision.

Eventually this month, I recieved a knock on a the door from a process server who served me papers for a lawsuit. The plaintiff is Machol and Johannes out of Denver Colorado, for Capital One.

I plan to appear in court, but I cannot afford a lawyer at all. I've been told to bring all of my bills, and to just generally be prepared.

What should I expect? Is there any formal documentation that I need to bring? How can I get the judge to consider a settlement for a lower amount, closer to the $500 that I initially owed?

Right now the balance I am being sued for is about $1400.

I owe about 30,000 to TD. I am a student. Been paying everything on time till now. Now I don't have any money to pay my bills. I have been sent to a collection agency. I am very scared. I am a student,plus no job. Plus no support from a family who are in a smiliar situation. Can I get sued? What do I do in that case? I am so scared. Help!!! Please!!!! Thanks!

w4gw4eg

:confused:I just received a "you've been served" notice stating that capital one is filing suit, some background, I was married until early 2007 the reason for my divorce was that i found out that my ex wife had been opening accounts under my name and not telling me and not paying them, since we were married at the time all these accounts were opened, I have no tangible proof that the debt is not mine, how do I proceed?

Diaryking - I would get an attorney. Have the credit card companies prove that you signed the applications for the cards. The attorney will be able to help you with what rights you have when a spouse forges your name on documents. You may have to file a police report against your former spouse.

To the person who asked what they can get - well the biggest thing they can get is a judgement. This just sits there until they do something with it, such as a wage garnishment if your state allows it. These judgements usually just sit there until years later when you want to do something like buy a house. At that time you would have to pay them off in order to get a mortgage. The judgement may also prevent you from being able to get other types of loans.

But no one can put you in jail or take your possessions. It's just a piece of paper at the courthouse that states that the court has ordered that you pay a certain amount of money to this creditor. The judgement is for a certain amount of time, but most states allow them to be renewed. So at some point you will most likely have to pay it or file bankruptcy to erase it.

Oh and if you are sued - make sure you show up to court. Don't let them get a default judgement against you. Show up and tell the judge why you haven't paid. Maybe you can even work out a small payment plan with them at that time.

She did all the applications online, how would that work out do you think?, and as far as the police report, I can still file one years later? thanks by the way.

I'm not elsaiy impressed. . . but that's impressing me! :)

Yors7T binleguiykdr

I was served back in Feburary 2011 AT WORKED! I was served with a summons from a junk debt buyer. Looking to get over 7k outta me for a 2,000 credit card. I have responded to all their papers. I have repeatedly asked for a copy of the contract I have signed so I could see if it was over the SOL, but they have failed to send me a copy. I've asked over the phone and by mail and still nothing.
I've been dealing with their collector guy over the phone to get this settle outta court. I did not want a judgment against me at all!
Let me say this first...This card was opened in 2005 I live in Arizona and know the SOL is 6years but without the contract I can't use that! I've NEVER recieved anything on this card from 2005 til Feburary 2011 when I got served with a summons about it! Had I recieved anything I wouldn't be in this situation. Anyways...back to the collector guy!.
So I'm speaking with this guy back and forth over the phone. STUPID I know. Should have been mailing or emailing him but I did not know this since I've never been in this situation before. So we come to an agreement of low monthly payments do this all outta court and I want it all in writting! He sends me the papers...Looking them over and they agree to the amount and monthly payments but STILL putting a judgment against me! NO NO NO not what we discussed over the phone. So not I email em offer them same price, same monthly payments in return they don't file for a judgment unless i miss or default on an account....win win situation for them right?!?! I thought so...But found out today they denied it and are going forward with going to court. My court date in Monday 5-16-11 What can I do? I've tried working with them since Feburary and they've done nothing but mislead me in the wrong direction! Like the collector guy told me last week...."A judgment isn't the end of the world"! UGH! it is to me! Someone help me! How or what should I do at my pretrial conference! please I need help ASAP :(

[COLOR=black]first when you get to court ,simply say you dont remember having that card,tell the you would like to see the HARD COPY OF THE APPLACATION, because of privacy laws in those states most of the lawyers that have been assigned about 20 of those cases that same day ,"wont have that info on hand "so the judge will order that it is postponed until he gets it ,and because of the fact that most cards companys have already collected the insurance pay out and sold your debt off to a collector company for about 30 debts for at times about $5.00 the are not that interested to paying investigators to obtain that info ,and in the end they are not even interested in paying another lawyer to come out and fight you again[/COLOR]

I have been sued, but never appeared in court. However, about a year later when I sold my home, they DID COLLECT on what was owed them. If you avoid taking care of your finances, it will surely come back around. So don't be scared...just handle your business and face the music. It's better than to have something come back around years later. [URL="http://www.beingsuedbycreditcardcompany.com/"][/URL]