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What decides who they sue and who they don't?

Date: Tue, 12/16/2008 - 13:21

Submitted by anonymous
on Tue, 12/16/2008 - 13:21

Posts: 202330 Credits: [Donate]

Total Replies: 16


I just saw a post on here about a person who had not paid on an account for 2 years. She didn't mention any litiagtion or judgements in her post, it was about settling with the company. How do the CC companies decide who to sue and who just to write off? I haven't been able to pay Advanta since July and I got a letter from their litigation department 2 weeks ago. I have been talking to the woman there but I just don't have money or access to any to settle in a lump sum.


I agree with soaplady, and wanted to add that the State you live in has a large amount to do with it as well. If you live in California or Ohio, chances are higher that you are going to get sued, expecially with Chase in California. However if you live in Texas or Florida, you're a lot better off because the law protects debtors a lot more than other states. In Texas, your wages can't even be garnished except for child support or taxes. Same with Florida if you file as head of household. These states are only given as examples, there are plenty more 'problem' states as well as good states.

Things to look for: Does your state limit or prohibit wage garnishment, or does the federal law apply (25% of disposable earnings)? Homestead exemptions are another big one. Keep in mind a lawsuit is one thing, a judgement is another, but none of it matters if the law prohibits or even restricts them from coming after one of your assets. This will be a factor in determining whether or not they spend the time and money required to sue you.


lrhall41

Submitted by tmftwiz on Tue, 12/16/2008 - 15:10

( Posts: 35 | Credits: )


I have know people that have owed several thousand,were employed, etc., and nothing ever happened. Then, my brother and his wife are being sued over $600.00. She had a stroke about a year and a half ago. They lost her salary, he was layed off to take care of her-she is paralyzed on one side, and had filed papers with the hospital and doctors previously saying they were destitute. She gets Social Security and he is making next to nothing, and can barely eat. So I am not sure how they figured this one out!


lrhall41

Submitted by Bossy4455 on Wed, 12/17/2008 - 07:51

( Posts: 5854 | Credits: )


i live in ohio..and i have som medical bills that i have judgements for against me but i dont have the money to pay them. so far they have not garnished my wages i am assuming because they dont know where i work and to be honest just dont even have 20 extra dollars to pay on anything more than regular living expenses


lrhall41

Submitted by on Wed, 12/17/2008 - 13:57

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to JDB.your post yesterday was a complete joke.telling people to get jobs then they won't get sued.then when i delete that.you come on with a disingenuis bunch of drivel about honesty and we are so bad.post again deleted again.i promise you that.


lrhall41

Submitted by paulmergel on Thu, 12/18/2008 - 08:50

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hmmm a little slow on the trigger i am.thought i deleted JDB'S idiocy before it could be viewed.i did delete that mopes post yesterday and also today as well.mac you did nothing wrong.it is a legit question my friend.jamokes like JDB will be deleted repeatedly i promise you that.


lrhall41

Submitted by paulmergel on Thu, 12/18/2008 - 08:57

( Posts: 15514 | Credits: )


LOL!! Trust me, if I could crap out dollar bills...I'ld pay my debts that I owe. But to be hammered for bogus fee's and intrest that should have stopped when charged off...that's a crock of s&*t. I would be happy to pay what I OWE! If they want to sue...I am a stay at home mom due to price of childcare, I have a mortg, and an ATV that my fiance makes payments on. I have no vehicle either. I am starting to wonder if CA can go after my ATV even if it's not paid for?! Besides, I owe more than it's worth! I also live in the wonderful state of Texas.

Molly


lrhall41

Submitted by spud321 on Thu, 12/18/2008 - 09:04

( Posts: 55 | Credits: )


Hubby and I defaulted on three credit card debts in early 2005. We had the choice of either paying the credit cards or losing our house & vehicle. We opted to keep our secured debts paid.

We were very fortunate that the company my hubby works for offers a pre-paid legal plan. We were able to hand these accounts (debt buyers) over to an Attorney in our local area.
Our Attorney sent dispute/validation letters to all three and their assignees.

It has been well over a year and we have yet to be contacted again by any of the debt buyers or their assignees.

I know it's difficult or impossible for everyone that owes deliquent credit card debt to hire an Attorney. However, if there is anyway possible you can hire one, I strongly recommend you do so.

If a debt buyer doesn't have solid clear proof you owe the debt, they will not fool around with someone who is represented by an Attorney.

Reesie

In two months all three debts will be out of the statute.
We are not home free yet, but these companies are more than aware they will be forced to provide solid proof of the debt if law suits are filed.


lrhall41

Submitted by on Fri, 12/19/2008 - 06:23

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Hubby and I defaulted on three credit card debts in early 2005. We had the choice of either paying the credit cards or losing our house & vehicle. We opted to keep our secured debts paid.

We were very fortunate that the company my hubby works for offers a pre-paid legal plan. We were able to hand these accounts (debt buyers) over to an Attorney in our local area.
Our Attorney sent dispute/validation letters to all three and their assignees.

It has been well over a year and we have yet to be contacted again by any of the debt buyers or their assignees.

I know it's difficult or impossible for everyone that owes deliquent credit card debt to hire an Attorney. However, if there is anyway possible you can hire one, I strongly recommend you do so.

If a debt buyer doesn't have solid clear proof you owe the debt, they will not fool around with someone who is represented by an Attorney.

Reesie

In two months all three debts will be out of the statute.
We are not home free yet, but these companies are more than aware they will be forced to provide solid proof of the debt if law suits are filed.


lrhall41

Submitted by on Fri, 12/19/2008 - 06:23

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