What should I do? File BK or go to court ?

krispy1997,

Which credit card are you referring to? I have been through a situation where both my attorney and the attorney collecting for the credit card stated that they would put a lien on our home and they would win. Am I understanding right that you made arrangements with the attorney for the credit card and he is still going to court? This sounds way to familiar to my situation.

The CC company is Providian Financial.
yes I called the attorney for providian and made arrangements and he said it was to late to stop the summons,so I have to go to court.
To back up a tad.I have 5 CC from 3-capital one and 2 prodidian. 3 are settled and paid and the last 2 are providian.

When is the court date?

not sure yet. I have to send in the paper and wait for a responce. as far as I know I have "NO DATE" yet.

were you served a summons? If so, it should have had the court date on it. You can call the court clerk and find out if one has been set.

I had a providian card that went to a collection agency and then on to an attorney's office. I have what is called a "volunteer judgement" or something like that against me and have the payment on this card in my debt consolidation/management stuff. If I don't pay them each month they can garnish me but they have been very easy to work with. This all happened last fall and I think that Providian is getting more aggressive. My balance is less than 1/2 of yours though so that may make the difference. How long has the account been deliquent?

My account has been deliquint since 2001...

Tammy- I was seved a summons,But it had no date on for court they are waiting for my responce first.

BTW is it true the sheriff can't give a summons after 8pm, I didn't get home until 8:45,he tried to deliver mine at 8:30 at night. I called at 8:50 and someone was spose to maybe come back to give the envelope, but never did so I picked it up on Monday at the sheriffs office and it was the summons,which is what I had guessed all weekend.

So if it's been that long what is the SOL on credit cards in your state? I would maybe check that out.

The thing is I did make a payment here and there so the SOL doesn't do me any good. I've though of that myself. Thanks for asking

Well, good job, good luck with this. If it were me I'd go with the arrangements you made, probably the reason for the summons, etc. is so that if you do stop making the payments they can garnish your wages, it sounds like the same thing as mine but I did not have to go to court or get a summons. Good luck! Hope I helped.

You helped thanks... Kris

krispy - I would certainly try to just continue to work on the $50/week payments rather than bankruptcy. It is true that it costs around $1500 to get all of that through - mine was $1200, but different state, different time. I would do anything I could to get that $50/week - 2nd job (you can wait tables in bring in over 100 on a weekend), selling old books, movies, or CDs to a 2nd hand shop, donate plasma, ANYTHING. That is what I'm doing now to pay down cards just so I can get it behind me before I get sick of thinking about it. However, if a way to bring in extra money sounds too good to be true - it is!

Kris, the credit card company can take the case back if they want to settle it outside the court. Since you are willing to pay on monthly basis, they won't like to have those court costs and fees involved in filing of the case.

I will also confirm with your local county clerk and see if there are any records of court hearing. To me, this summon served to you does not sound genuine. You must verify it with the clerk and let us know.

Ehwin- Second job...I can't work a second job when I have a business with my husband ( we work 80+ hours a week)and 2 Children that stay at work with us( 2year old and a 9 year old,he does go to public school). It wouldn't be worth it as I would have to pay for child care etc. We will survive Thanks for you reply.

John- I tryed to get the lawyer to stop the summons but he said it was to late. It's my own fault for not calling him back,BUT I was trying to get my other CC debt (had a judgement from another 2- CC and we settled in march) paid off first before I commit to the last (BIG) CC and now we have to go to court.
Thanks for your reply.

Can anyone help me with what should I take to court? or is that a different place to ask?

You should have all the documents along with the payment details and contract signed with the credit company. Take copies of all your correspondence done with the company. The judge will review them very carefully before making any decisions. You must also take papers of your business and tax files so that the judge is able to understand your financial situation also.

Thanks for your help