warrant of debt?

Hi set4sail---
I'm assuming that the debt warrant-summons rather-was for a court appearence? when is your court date? How it works is, there is a number on the summons of the person who is sueing you. It sounds like in your case it is the law office. You need to call them and see if they will accept a payment plan from you. You need to do that ASAP. Tell them that you can not afford to pay this debt all at once, it would cause financial hardship for you and your family, and see if they're willing to work with you.
NOW the ideal thing would be to PAY THE DEBT off about a week before the court date---then it won't have to go to court and it will be paid and you won't get a judgement on your credit report. BTW, a judgement on your report will stay on there for TEN years. But if you can't pay it off, if you're not able, then you can hope the law office will work with you on monthly payments. If they accept, it will STILL go to court and before the judge and still go on your report. The only way out of any of that is by paying the debt off.
If the lawyers refuse to accept monthly payments, then you'll have to go before the judge and explain all of this to him and hope that he sees your situation. He can rule for monthly payments or he can rule for garnishment. It really depends on the judge and on your financial situation.
See, I've been there done that. Hope I have helped and made sense here. :D Shirley

Shirley,
Thank you. I called the collection agency, and they want nothing less than payment in full immediately. They would rather go to court.
I tried contacting the original creditor and asking for a payment plan with them, and they can't even tell me why or if they refused to work with the debt company last year. "It slipped through the cracks". The credit card company says they do work with consolidations, but if the acct wasn't in arrears at the time they might not have accepted a proposal. At the time the account was added to the consolidation, it was current. I think that's a baloney reason to turn down a proposal, just means they wanted to delay to be able to add $$$$.

Can an original creditor remove a debt from a collection agency?

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set sail, if worse comes to worse and you can not settle it prior to the court date.. show up, bring documentation of everything including your attempts to incorporate it into consolidation.. my guess is the judge would order it to be consolidated., Stanley is right as well, find a lawyer, what state are you in?

my landlord just sumomoned me with a warrant of debt. my old lanlord i had a least with expired march 2006 but he sold the propert to another couple. they came over and introduced themselves. to make a long story short they were going to keep the same cause i was a sigle mother stuggling. they never came to me with a new contract so i go and pay them the rent now. then one day they decided to up the from 795-995. i told them i couldnt do that. so i started looking for another apt. in which i told them. When they saw me packing is whenthey said i have to pay rent till march. i said no. i pay till i stay. whic was january. they had already told me that someone wanted my apt already. so now she puts a warrant of debt on my door. can she do that? even though i never had a lease with her. also i cant go to the court date cause my daughter is ver sick she is having surgey to her ears. she knows that i live off paycheck by paycheck . i even said i can pay 100 a month thats alli can do being a sigle mom and all and she was nasty and said NO. please help. people tell me that my lease is null and void. Is this true?

Gabriella

I insist to show your presence at the court date. The judge will not understand your genuine reasons behind missing the court date. He will assume that you really had this debt and are trying to avoid it. If you can afford, please consult an attorney. He will file a case in your favor. The landlord might try to gather all papers that can prove this debt as valid.

Consult your local aid organization. There might be a landlord-tenant division. You can find them by putting a search for legal aid in the phone book or on the internet. There are many schools that have a landlord-tenant clinic as well. You will get all sorts of services, advice and information on what to do about it.

Gabriella, whatever lease you had with the previous owners continued to be in effect with the new owners ( that lease probably had wording in it allowing for "agents or assignments" which would cover them hiring a property manager, or selling to a new land lord).This include the rents (which could not be raised until a new lease was signed) If the lease expired and you continued living in the dwelling after that date, then there was no long term lease in effect and you were there on a month to month basis, with a month to month lease you need only give thirty days notice of intent to move, and they need only give thirty days notice of rent increase and/or tell you you have to vacate the property.

So what we need to know was the original lease still in effect? or had it expired and you were there on a month to month basis? If it was month to month, then they have no basis to collect rent for February and march. If the lease was in effect AND no one occupied the apartment for those months, then you are legally responsible for the rent for those months. If they found someone to rent in that time you are then only responsible for rent for any time it remain vacant up until the end of the lease.

oh wow. Thank you so much for your help. I understand better now. but im stuck. i cant go to court i lose money but i know i lose even more if i dont go. im going to seek a legal aid..thank you again from thte bottom of my heart the court dat eis june 14th i will let u know how it went..

do i have to go to court for a warrant in debt.if i dont go or show up in court what will happen.

You will get a default judgment against you for the amount the collection agency is demanding, and then they will be able to garnish your wages and your tax return.

chrys-youve got to stop telling people that they will lose their tax return over a consumer debt already--they will not! Only federally-funded debts like some student loans and tax debt are allowed to touch your tax return, NO consumer debts can do that! You also need to stop telling people that their wages will be garnished because some states dont allow wage garnishment for consumer debts! We need to be giving out correct info here, thats the whole purpose of this place, isnt it?

Guest please forgive the above posted missinformation. Chrys maybe confused about ryan's situation. Chrys is correct about the judgment however. If ryan misses his court hearing a default judgment can be awarded to the opposing party and their bank can be levied. Wages can be garnished, BUT, and I say BUT it depends on the state laws.

What happens if i have been enrolled in a credit consolidation company for over a year and a half and just recieved a warrant of debt from one of the creditors? I spoke to my credit consolidation company and they told me they could make a payment arrangement for an amount i cannot afford to pay. I then show up for my court date and explain to the creditor why i cannot afford to pay them what they offered my credit consolidation company but did offer to pay them something on a montly basis would a judge still put me into a garnishment?