What is the worst thing that can happen when you are sued?
I have varios credicards that i have not paid since Jan 2010 one for 2000, and two for about 5 thousand each. all on different banks... I have been out of work for about two years and my unemployment has run out. I own a car used old and now live with my mom because i cant afford an apt. my question is can they take my car away? what can they do? they haven't sued me. should i file for bankruptcy before or after bieng sued?
please shed light anyone...
How do I get credit card statements from2001-2003 for a closed account?
You dont. From my understanding they are only required to achive them for 7 years.
Hi to all! I'm being sued by Chase(I guess attorneys) for my credit card debt which is over 32k! any day I will be getting a letter to show up in court! does anyone know if these attorneys usually try to work things out in court as far as a lump sum payment? cause they are trying to scare me with all these fees that add on there after, i tried to settle for 10k lump some payment, they wont even hear it the bastards! they say Chase wont settle for less then 15k! and i'm sure they bought the debt for 10 cents on the dollar! what if I tell them that I will filing for bankropcy? will it do any good? can they still go after me and for how long in the event that i fill for it even though i will have a judgment against me... any help is much appreciated!!! good day to all!
going by the languauge you're using nobody bought this for anything on the dollar. sounds like they are litigating on behalf of chase themselves. i have found that threats of bankruptcy in the past have done me no good and at times actually divided our interests further. they can continue proceeding until bankruptcy is filed. after that it depends where they are in the game, but if it is dismissed they can pick up right where they left off.
so do you think they will negotiate with me at court? if i lose, which i see no reason that i can win this case, how long before im clear on them chasing me down for any equities or car etc...im in the new york area...thanks so much
friend of mine owe credit card $30,000 thinking to stop payment and go back to country of origin hong kong,is it ok to do so?
I received last weekend a summons and compliant from an atty,( it was given to my dughter in her hands at home, by a man) but doesn't has a court case number on it, Is this a "formal compliant" even if is not registered in court? Do I have to send my answer even without case being filed in court? does anyone know my rigths? I'm in Minnesota.
Originally Posted by stanley
good point clay. Millerdenyse, check your state laws for sol. If the debt is past sol, they cannot win it, provided you appear the trial and raise your voice with sol issue. Consult a lawyer; don't let them win a default judgment.
where do i find sol for your state??????? Tennessee......i guess alot of people are in credit card trouble i was feeling panic....... Thanks in tennessee.....
Tennesse and Minnesota are both 6 year SOL.
For the MN summons, go to http://pa.courts.state.mn.us/default.aspx and see if the case is registered.
I checked in civil court with a clerlk and at ramsey county court website and found out that there's no case filed yet for this issue under my name or the attorney's name. Do i have to respond to them or only if they file in court? They served those papers at my home to my daugther's hand who's 17- a minor. Is this valid way of serving people?
I need some help, any advice? Thanks Moderator for your help with the link to the website.
I have been researching the debt collection tactics and what they can do. Each state has different laws, dictating what the collectors can pursue. There are also different lengths of statute of limitations for each state. If you live in Texas, the laws favor the consumer not the credit companies. Also I have been advised by a lawyer not to answer the phone calls, of the collectors, it has helped stop the stress. Please do some research for your state, I am always finding more information, which is empowering.
Due to my husband's self employment career tanking, income has been low the last few years, and we stopped paying on the two credit cards that refused to work out a lower payment plan with us. One has sued us, and we got a letter saying that a default judgement was filed. Now, in early August, we weren't home but my 12 year old son was. When we got home he said a man came to the door, but as instructed, my son didn't answer the door. We found the judgement on the porch. I did not think this counted as "officially served" since the papers were never put into our hands, but obviously it did count. I called the court immediately this morning and the server's report says that it was "personally delivered" which means it was put into someone's hands...it was NOT. I have no proof of this other than my son; they say that a signature is not required but personal delivery is. What is my recourse here? I want to settle the debt; I've always wanted to but they refused to work with me, so I'm wondering if the debt might be discharged or delayed due to improper serving of the suit. Thoughts?
Another bit of info: the court clerk says that in some cases, leaving it on the porch is permitted if a certain form is filed; it was NOT FILED in this case, so we obviously had a server who bent the rules by just leaving it on the porch when my son came to the door. She also said it has to be accepted by someone over 16, which my son is not. Again, I know we were stupid in trying to ignore this, but I also know that improper procedures were followed and I'm wondering how that might help us. Thanks!
You should always try to answer the summons. These companys know 90% of the time they get a default judgement. I was served with a summons this last week. They will have an answer, request for production of documents, and sworn denial this week. I have recieved some valuable info off the internet on defending credit card suits.
what is the SOL in richmond VA
You should always do a state search for the company to see if they are really a collection agency or law firm. You can easily google it by searching for "ohio corp search" and find the secretary of state website to search for the owner's names.
The important thing to keep in mind especially if the debt is 3 years or more is to send a debt validation letter asking them to prove the debt exists, ie contract, document you signed. If not, their evidence cannot suffice in court should they decide to sue.
Plenty of banks like Chase immediately threaten to sue and many law firms have determined that by sending out summons to debtors many people do not respond and the bank wins by default, so it is critical you respond via certified mail and return receipt so you have proof that you sent it to them to verify the debt.
Regardless of if the bank threatens to sue, many of them still settle. One of my clients was in our attorney debt settlement program and received a 19.8% settlement on a $36,000 Bank of America balance because he his expenses were so high and he had a financial hardship. These banks settle all day long especially since they sell your debt, even 6 months old or less, for as little at 6 cents on the dollar. That's 6% of what your debt is owned. Since the average return for debt buyers is 3 times the return, its no wonder they settle for as low as 30% which is what our attorneys are averaging on their clients.
So you can do the work yourself, or you can choose to use a company but make sure its an attorney based model company where the attorney uses a licensed attorney in YOUR STATE, otherwise it could be illegal for them.
I would look into a credit counseling company first if you are not more than 60 days late on a debt and can afford the payment.
Im not sure if im getting sued or not but i used to have a wal-mart discover card. Its at a balance of $3000.00 and i havent made a payment in 5 or 6 months, and i think Jacob Law Group is taking care of it. they didnt say anything about sueing i dont think. they just sent a letter saying to contact this office within 30 days to verify its correct. Im not sure what to say to them im really freaking out right now
Ok. I have a house that I thought I was selling an it never sold. I since moved and rented out the first house. The rents cover 90% of the bills. So each month I was loosing money. I had a tenant stop paying the rent. I could loose more, so I stopped paying the mortgage. Knowing my crdit was going to get hurt - I took out 55k on the credit card to "have credit" if I need it. I had 820 credit nad never ever missed a payment. The 55k is at a 0% for a year. But as I am 2 months into paying the credit card back, i am wondering if it is worth doing. If I pay it back - i have no money and no credit. If I dont, at least i have a few bucks for a rainy day. any thoughts on my situations.
Worked my ass off to only be in a Bad spot!!!!!
It is purely illegal for any entity acting as a "Collection Agency" to even hint that they are a "law firm" or attorney.
If the CA's or creditors dont know how to find you, they could potentally l sue you without your knowledge. Call the CA's and try to settle....it isnt going to do much for your credit though....you will need to go thru a complete rebuilding phase if everything is charged off.
what is the sol time in louisiana
what is the sol time in louisiana
Louisiana Statutes of Limitation [INDENT] Contracts: 10 years.
Open accounts: 3 years.
Lawsuits, which are filed but not pursued, become null three years after the last action taken.
Judgment: 10 years, and if not renewed within the ten years become a nullity.
I have been working on settlements with 5 cc collection agencies for several months now. I stopped paying them just over a year ago. I have gotten 2 of them to settle for 10% and I just hope the settlement letters they sent me are legit. If you truely have a legitmate situation, I feel you could get them to settle for as little as 10% as I am doing.
I have a Discover card account for that has been closed for 3 yrs but the account is over 8 yrs old.I have faithfuly pd on this all these years,amount of debt was 10900.00 and balance is 8300.00 with monthly payments of 255.00 interest rate is 29.88 last year I was on a program where they reduced my interest rate to 10.00 They took me off this program in 2009.They will not work with me on any reduced rate I am getting credit for 55.00 amonth payment.All of our other cards worked with us and are now paid off.Do I qualify for this Sol?
no,because the SOL starts on the date of first deliquency,or last payment.if you are still paying on it then the SOL is not even an issue.
I am in South Carolina and just received a call from Property Recovery Consultants regarding a Credit Card. They said they were sold the debt & are threatening to sue me immediately for the $11,000 debt (of which a lot is late fees & over the limit). They told me if I do not call them back by Monday Dec 27 they will be filing legal actions to sue.
As a new dad & business owner I do not have a ton of extra cash to pay off the debt. Wondering what my best course of action should be. I had a card before that was willing to do a settlement plan where I was able to pay it off over a few months time for a lot less. What do you think I should offer them.
I really don't feel like being sued, but also do not have the 11K. I've read where many of these debts are sold for pennies on the dollar, so do you think I should offer a 1 time lump payoff? If so how much? Or, should I look at filing bankruptcy? Really need some assistance here in a hurry. Thanks
How much can you afford to pay off in 90 days? 30% is pretty much the "standard" settlement.
I live in Va and came home from work today and received a warrant in debt from Citibank for $14,100. The court hearing is 2/1/2011. This was taped to my front door. I lost my job about 14mo ago and about a year ago took another job that making about 50k less. I stopped paying all of my credit cards to make sure that we could make our mortgage payment and other expenses. My wife and I have been planning on filing bankruptcy just never really got in gear to do so. I havent made a payment on this card or used it in over a year. What should I do with the court date being so soon...Should I start the bankruptcy process immediately?? I want to keep my home so I have tried to keep it paid up to date as best as possible. I need help in a hurry. Any suggestions would be welcomed. Thank you
While this site can be informative, there are some "hands-on" sites like Creditinfocenter and Debtorboards that will provide detailed support, plus examples of what to do and how to do. You can begin your own thread there, central to you problem. First thing, of course, take a deep breath....one step at a time.....
My spouse and I owe close to 20,000 in credit card debt, with a credit union that I also have my car loan with. We are current on the loan payment, and are making payments to the credit cards. The issue is our payments are not in the amounts that the credit union wants,but they are within our means. We are for the most part conistent with these payments of $150 on one card and $125 on the other. The credit card company is demanding $300 on just one card. Both card accounts are closed, we naively thought this would help our situation.
Now they are threatening to sue. Do they have grounds to sue, and how do we get them to settle if they do not want to work with our payment amounts? They have even threatened to repo my vehicle. What can we do?
If you do not pay off the dues to the credit union, then they will have the rights to sue you. You should negotiate with them so that they agree to settle the dues with you. You can even take the help of reliable debt relief companies of your area and they may help you in settling the dues with your credit union.
Joanne- I feel your pain, I don't have an answer for what you should do, but I would be very careful in choosing a debt relief program. I went that route in 2008, my debt was just over $20,000, they would work with my creditors & after paying a monthly payment for approx. 40 months everything would be okie-dokie. Well it's been 27 months now, I've paid over $10,500.00 towards my dept (oh wait did I forget to tell you, they said my debt would be settled at around 40%/$9,000 & some change), ok where were we, yeah, $10,500.00 & so far 2 cards have been settled. Thats 2 out of 9 cards. Today, with accrued penalties & interest on the other 7 cards, I owe approx. over $25,000.00. I was told not to deal with the creditors, that was their job, they would take care of that for me. I could have taken all the deals & been close, if not out of debt. So please, don't dig the hole any deeper. If they want a big fee up front, "scary". Take Care & Good Luck. Jim
ive,been call many times by a collection agency cause a debt with bank of america,i have settle to pay certain amount every month but they keep changing from collection agency and every time new people and dierent amount of money.its been over ten years now.The last person who call me i explain that i cant pay the amount they are asking which is most interest on delay.they keep calling so i stop answering the phone.is there anything i can do? i propose myself to go into bankrupsy cause i cant aford the amount,plus i only recive smal amount to pay my dues fron social.
i used credit solution for relief of my debt,what happens after certain time i never got any relief and kept paying in a saving account for that purpose,they never gave me any solution to my problem and my credit was damage, today ive been haras by collection agencyes for the money they were suppose to deal with,i dont trust anyone anymore.
What is SOL?
Statute Of Limitations
Going to Answer- I am told the debt collection atty often doesn't show up in court. Are these collectors really just going for default judgments?
If the attorney doesnt show, he doesnt get a judgment.
If you have NO INCOME, NO JOB, nor ASSETS, you are a judgment proof N.I.N.J.A! Don't be ashamed. Respond to any lawsuits promptly and show up to court. If put on to the spot as to why you have not paid or attempted to offer a settlement or payment plan, just emphasize that you have no income or property and no ability to pay. In a rare case you may get a judge to grill you on why you don't have a job. Give the best answer you have that applies to your situation. Even if the judge doesn't like your answer he can't force you to get a job (indentured servitude was abolished by the 13th amendment). If you do have the "ability to pay", a judge in some cases may order you to pay a certain amount and hold you in contempt if you do not. This is especially much more likely in cases involving child support payments, criminal restitution, and tax debts. But even then, the debt collector has to be aggressive, pull the right moves in court, have the judge on his side, and your financial transactions need to show that you have a surplus of income or are withholding non-exempt property (like a Swiss bank account or a yacht in the Cayman Islands). Just about the worst that a creditor or judge can do is ask how much cash you have on your person and order you to hand that amount over at once. So make sure to have a friend drive you or a friend with you who can pay your bus fare home. If you have an illness or condition that prevents you from appearing in court then look into what you need to do to be excused.
So, if you are judgment proof, a medium size debt begins to grow into a large size debt after costs and interest are added. The good news is that in most cases once a debt becomes a judgment the interest is fixed at a relatively low rate. In Texas it is 10%, so owing a judgment to a credit card issuer may be better than dragging on at a 30% default rate with monthly late fees added for good measure. Either way, its just numbers on paper if you really cannot pay. You can keep all of the "exempt property" your state allows, which will often include a small homestead exemption (unless you live in Florida or Texas, which has unlimited homestead - you can live in a mansion on a 200 acre ranch and nobody can touch it). You can typically keep a car as long as the equity in the vehicle doesn't exceed a certain amount. A solution to high equity in a vehicle is to refinance or take out a title loan, presuming you can make the payments for the entire time you expect to keep the car. You can keep some pets, livestock, food in your pantry, improvements to your property (like outbuildings, trees, crops, ponds, etc.), some jewelry, and most common household furnishings up to a certain total "garage sale" value in the tens of thousands of dollars. Expensive computers, entertainment systems, certain luxury items and some sports equipment can often be turned over, but even most middle-class families don't have anything like this taken away. Even non-exempt property is usually not taken if the used auction value of the individual item is not worth the effort (so you can probably keep a computer or TV that is not expensive and brand new).
If your financial condition is terminal, that is, you will never have future income, then NO WORRIES, other than the occassional notice to appear for debtor's examination. The exams cost creditors money and when they see you are destitute they will not spend much more effort on this. You can use the FCRA to force creditors to stop contacting and/or harassing you. If there may be some possibility for income in the future, wait until just before this income is imminent before filing bankruptcy. Many bankruptcies cannot be discharged if you can't show a judge how you intend to support yourself - the presumption being that you would just get into debt again.
That hits the tagret dead center! Great answer!
It's a pleasure to find soemone who can think so clearly
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