target national bank sueing me

Call them, don't try to communicate in writing. Target offers really great hardship offers...I know because I am on one. I owe target $4K, and I am on a hardship plan which requires me to pay $46/month for one year, no interest/late fees. Seems like peanuts for $5K.

On the other hand, I have heard that they can be pretty cut throat if you do not try to work with them. Did you ignore their phone calls? Have you ever spoken with them? How past due is the account? I would advise you to call the lawyer's office that is handling the case. Tell them you want to settle. I would be prepared to have to come up with at least 50%.

you are fortunate that you live in Texas, it is one of only two non-garnishment states which means even if they get a judgement against you, the courts will not allow them to garnish your wages.

I was sued by Target as well, after eleven months of non-payment. I called the attorneys listed on the summons IMMEDIATELY and negotiated a settlement. Mind you, I had been trying to settle all along, and they farted around and ignored me for months and let the late fees and interest add up, so when they offered me their last chance offer of 70%, it was the amount of the original debt. Was only a 2500 account though, and by arranging the settlement before the court date there was no judgement against me. By all means call immediately, and arrange an agreement before the court date. Avoid the judgements if you can.

I received a phone call yesterday from an lawyer's office in San Diego telling me that they had been retained by Target to proceed with legal action against me. I am just under 90 days late right now. It was a call from one of the people who work in the office, not directly from an attorney. Of course, both my wife and I are totally dependent on Social Security Disability, so I am not sure if they will move forward or not. It would be a complete waste of time, as SSDI cannot be garnished. Plus, I would not hesitate to file bankruptcy if they were to actually go to court. That option is available right up to the minute before I walk into the courtroom. Our situation is pretty simple, with very few assets, and the assets we do own are more than 90% exempt anyway. It is so simple that I am already considering, if it becomes necessary, to do the bankruptcy on my own.

I am somewhat mystified by their aggressiveness with this. I am really hoping for a settlement. At no point have I ever evaded a phone call, been rude or uncooperative. By pursuing this method, it tends to make me feel like maybe I should be more difficult.

First make sure they are who they have implide they are. Many collection agencies pretend they have the ability to sue you when most don't. Are you sure it was a lawyers office? If they say they are, ask for the lawyers name and bar licence number (I think that's what its called). Then you can go online to verify that he/they are lawyers. 90 days late sounds quite early to be sent to a lawyer. Its probably a collection agency. You should be able to settle close to and before charge off around 50%. Note: Target is quick to sue after charge off.

Free, just because they live in a non-garshment state doesn't mean they are completely judgement free. If they get a judgement, the lawyers can get bank levy's and freezes. This is more common in the non-garnishment states.

Yes, that is true but at least if you get a judgement, you have time to prepare and starting moving funds around. At least you have the option of putting money in a family member's account (one that is not on the credit card), and of course if you have your paycheck auto-deposited into your account, contact payroll and have them start issuing checks instead and cash your checks directly with your company's bank (much easier of course if their bank is in your town). With a garnishment, there is no work around. So at least TX and PA residents with a little savy can protect themselves in case of a judgement. For those of us not living in TX and PA, its important to realize the fed caps garnishment for cc debt at 25% of net income. And for many people, the max that can be garnished is STILL less than the collective monthly minimum payments of all their credit cards (especially when the bank has them sharked at 29% and up, which is all too common now, even for people who are not behind)

TNB was aggressive with me too. Sued me after 8 months. I was only able to get a settlement of 80% on that one.

Now I'm fighting to get them to report on my credit files that the account is settled and the balance should be zero. They are reporting the 20% I didn't pay as the balance and nothing about it being settled.

Just saw that a civil suit was filed yesterday from TNB. My card was like $1000 - I can not believe they are suing me for that much money! Should I call before I actually get served?

process server caught me outside the house. no court date, have to respond within 20 days. I am kind of scared about all this. I am trying to remodify home loan and have five debts with a debt settlement company. I work on commission, can hardly pay mortgage. What could possible happen?

Here is a good site with a lot of info about the civil suit process:
"http://www.nedap.org/hotline/court.html"
Keep in mind that it is for New York and your State may differ in some minor aspects. You can call your local county court and inquire about Legal Aid who, while they cannot give you legal advice, can let you know the process and what defenses you have available. But still check out the site I just mentioned. It's really good.

Hey so what happened in your case. Im in the same situation!