what happens when you are sued by creditor?

I have been sued by a creditor and didn't take it seriously when I was younger. From what I remember you will receive a summons to appear in court after you have been notified (I want to say within 30 days) the hearing will take place. Make sure that you go to this court hearing or the creditor will get a default judgment. At least with your appearance in court the judge might look more favorably on you and not just grant the amount that the creditor is requesting and order the creditor to work payment arrangements out with you.

When you have your wages garnished (happened to me also :oops: ) They have to go by a worksheet and they are only able to garnish a percentage of your check, it will be less if you are head of household. With garnishments those are court ordered (I think)so I don't think at that point you are able to work with them for payments that is why you need to attend the court hearing so the judge can order them to work out payment arrangements with you. If you enter into payment arrangements make sure that you can afford them or you will be back in the same spot.

Other's will be along to advise your further.

Ladybug is correct. If you get sued, they usually give you 20-30 days to respond. Please do whatever is necessary to respond to the lawsuit. I did that (See my post"Its been a year...") and after a year they want to file a judgement against me, because according to them, we have not replied. Well, I have news for them... we are going to court on June 18th and we are going to win. We have all the evidence that we responded and our intention to defend, and they never responded. I will keep everybody posted on the results.

Good luck to you...I hope that you WIN!!!!!!!!!! Let us know.

Be proactive. If you know why you might be sued its probably possible to resolve things voluntarily.

If the creditor gets a judgement against you, that judgement is good for ten years. So a creditor is more likely to sue a twenty-something with no assets because the likelihood of their situation changing is quite good. What Im saying is that the financial damage of a judgement against you might not be felt for years. I hope you are able to find a way to avoid getting sued.

Troll-spew deleted. Have a nice day. ~ Uncle Wulf

Even if you were sued and a judgement is set up against you, if that debt that you are being sued for winds up as a judgement, can you include this debt in bankruptcy? If you can and the debt is discharged, than legally they can't come back ten yrs. from now trying to collect. Is this correct?

All debts legally included in bankruptcy and discharged are forever gone.

if you cant afford to pay then you might have to file bankruptcy, but before that look at debt settlement first which is something you can do yourself.

I HAD A VEHILE THAT I had to give up almost 6 years ago i receive a letter that I NOW HAVE A JUDGEMENT AGAINST ME they are requestign me for tax returns and paystub vehile registation i want to make monthly payments i don;t have the money to pay this in full i was never aware that this was happeing they were seding this letter to my wrong addess i was never notfied in preson for court date. what happens now please advise :(

Joe don't panic. First off what state do you live in?

When was the last time you made a payment on the vehicle?

Who is the person who sued you, It should be an attorney and either a debt collector or the company who you got the vehicle from.

Lastly did they file the lawsuit where you live? You need to call the court house as soon as possible and find out when it was filed. You will then need to motion to vacate the judgment for improper service. After that we can figure out what to do next.

Pleas do answer the questions above though, any information about the companies and attorney will be helpful. Depending where you live, they might have illegally got a judgment against you for one reason that comes to mind. The statute of limitations could have been up and at that point they can't sue you. BUT the courts most of the time don't know this It is up to the consumer to bring that fact up and the case will be dismissed with prejudice. Most of the junk debt collectors and now scum sucking attorney debt collectors will purposely serve papers to a false address hoping to get a default judgment on a debt they know they can't legally sue on. If this is the case with you, you can sue them and make them pay you. I will explain all that after we figure out what is going on.

We will do the best we can, hang in there.

Hello, i have a checking account with my husband and just found out that some nasty debt collector froze up my checking account because of a 1998, 2001 debt (credit card) that we fail to make full payment on. i called the bank and ask what the heck was that amount on my checking account and was told by the bank that it was a judgement that was place on my account! i checked my credit report and didn't find any judgement! hum??? can anyone help with information. I'm from PA.. Thank you!!!

You will need to immediately call the court house in the morning and find out who has the judgment against you and when they got it. Also find out who they are suing for and for how much. AND also see if they provided any account numbers or documents, you can also go to the vourt house and look for yourself.

The statute of limitations in your state is 6 years so unless the last time you made a payment on the bill they are saying you owe was 2001, then they would have had to file that lawsuit in 2007 or earlier.

You will need to find out all the information first and if we find out the statute of limitations was passed at the time they file the lawsuit, then you can have the judgment vacated and dismiss the case with prejudice for reasons that the SOL has passed and the debt is time barred.

Most likely they sued you and purposely didn't notify you. This way they know they can't because the SOL has passed but if you are not there to dispute it, then they get a default judgment, win win for them but also illegal. It is not up to the judge to see if the SOL has passed, it is up to the consumer to bring it up.

If you where never notified about the lawsuit, you want the judgment vacated for improper service. If you have proof the SOL has expired Then you motion to dismiss with prejudice because of the SOL.

If you find out what the debt was for it's real easy, look on your credit report for who they are collecting. If it's not on there then most likely it is over 7 years since you paid on it.


THEN!!!! You look for a good attorney and sue whoever sued you.

Let us know how you make out tomorrow and post the names of the company, attorney and whoever else is suing you. We can then see who you are dealing with. It probably is not a good company.

I recently got a call from a creditor in relation to overdue payment for a phone system which the company I previously worked for had purchased.

I was a minor partner in the business, but foolishly signed as a guarantor to the phone system financing. I did not sign the actual lease agreement. The lease agreement was signed only by the president of the company, who is also a guarantor.

It seems they leasing comapny sold the debt to a company in another state. I was never notified of this transfer of the debt. I do not know if my old business was notified or not, as It was not an amicable partnership dissolution, which happened over two years ago.

My guaranty agreement was with the original Creditor. There was language of "Assignee" in the guananty agreement, particularly in relation to where they can file judicial proceedings. I assume the Assignee is the company to which the debt was sold.

Should I not have been notified at my residence of the debt ownership change? Is it not the responsibility of the Creditor or the Assignee to do so? And does this failure of them to notify me nullify the guarantee?

I live in PA, and I was notified that I was being sued by a creditor. I got a notice for an arbitration hearing in Febuary. That letter was dated 12/22/08. Then I got a notice that a judgement was entered against me! That was dated 12/23/08. Can a judgement be entered against me without a hearing? I took all my information to an attorney who told me that the judgement was already filed and that there isn't going to be a hearing anymore. The attorney then told me that bankruptcy is my only option, and that I should be aware that a sherrif will probably be coming out soon to try and seize my assets (anything in my home that they think could be valuable)! I'm terrified! I don't own anything; I rent my home and have a car payment. My husband is umemployed, we have three small children, and can barely survive on my paycheck... what's going to happen? What should I do?

Check with the county clerks office to verify that the judgement is real. If it is, ask the clerk how you were served?
If you weren't served properly, you can ask the court to vacate the judgement.

If I understand right, you can send your creditors $20.00 a month and they cannot touch you. If they reject it and send it back, you owe them nothing. It will stand in court.

I have two accounts that are in the hands of a collection agency. I made an agreement to pay one of them and once able would start on the other. i believe now the sol is out on the one i was not paying but the creditor has posted on my credit that i made a payment. they left an embarrassing message to a room mate saying they are going to start court proceedings. can i dispute to the credit agencies that i did not make the payment. i think they did this because the sol had approached. also they need permission every 6 months to take money out of my account. i wasn't aware that was why they were calling so they stopped getting payment for a couple of months and then without permission they started taking the payments again. is that legal? nerveous in california

OK so you live in California.

When was the last payment you made?

Who is the company that is saying you made a payment?

Yes you should dispute it with your credit reports, they need to verify how you made a payment.

If the debt collector told your roommate who they where and mentioned they where a debt collector and that you owe a debt, you are now due $1,000 for them violating the FDCPA.

Have you ever been contacted by mail from this company? if not, that makes it even better.

Answer these questions and I will get back to you asap with the answers to your answers.

Wouldn't the FCRA violation count as another $1,000? I've always thought FRCA violations were per violations while FDCPA was only $1,000 no matter how many times they violate?

yes FDCPA is up to $1,000 and the FCRA is up to $1,000 per violation. At least that is what I have been told.

FCRA is up to $2500 per violation. FDCPA are up to $1000 per action.

I guess I was misinformed thank you for the correction NASCAR.

Whether it's threatening to send out a SWAT team to apprehend you and televise it on America's Most Wanted, or calling your employer and discussing it with them in detail, its ALL illegal, but yet they are unregulated and do it anyway. I was told that a SWAT team would apprehend me and that the whole thing would be on America's Most Wanted.

can i be sued if i wasnt the driver of a car registered to me,i didnt have insuerance

The driver would be liable regardless of ownership.

can i be sued if wasnt the driver of the car that is registered to me i didnt have insurance,i live in california

I am single and own no real property. My car is paid off (2002) ford focus. I have a credit card judgment filed against me. Can my car be taken

What state do you live in?

I recently received a letter stating "Attorney Placement Pending". I spoke to a Discover rep and said they were willing to take 50%. However, as a full time student and living off the GI Bill and financial aid, I can not afford the amount even though it sounds GREAT. Anyhow, we did not come up with a solution, and as of this morning, she said that they would move forward with the attorney placement. I should be hearing something within 30 days apparently.

So I am assuming that within 30 days, I will be getting a notice from a lawyer threatening a lawsuit or that a hearing will take place?

There are a couple things I am very concerned about since this fall I will be moving to San Francisco to start on my bachelors and am a full time single dad of a 4 year old little girl.

1) Can they garnish my GI Bill payments?
2) Can they garnish my disability payment? (Military injury)
3) Can they garnish my college grants or scholarships?
4) At what point are they legally able to FREEZE my bank account?

Other than that, I have no income whatsoever. And won't be for over another 2 years while I go through school. I haven't worked for almost 3 years while going through college since getting out of the military.

I own no real estate. Hold the title to one vehicle worth less than $1500 and currently making payments on another car that I owe 5 years of payments on still. No 401, no retirement. Just a mid 20's college student with a kid and an extra car.

I live in California.

Thank you

Hi Guys,

I never a chance to begin with. Back in 99' I was down and out and desperate to get off welfare, then I took a dead end part time job with no benefits that welfare offered me in exchange for being thrown off the roles with nothing at all.

I had just lost a total of 104lbs., and all my clothes were like 10 sizes too big for me, and my 20 hour a week job only permitted me to pay my bills and not a dime more. I couldn't go to work dressed like a thug in an office so the only way I could put clothes on my back was to use credit cards, and I fell into the hands of the worst creditor's out there. Namely, "Aspire Visa and Providian."

I was paying out about 40 bucks a month on Aspire alone, which was only bringing my debt down by about 2 dollars a month, and it was almost as bad with Providian. But I went on making timely payments for about 4 years with my debt just as high as it was in the beginning, which led me into trying to make larger payments to bring the debt down, which led to me falling behind on my rent, and the landlord hauling me into court for 2 months backed up rent.

I had to ditch the ungainful job in order for welfare to pick up my rent debt, which meant no money at all to pay my creditors. And it reinstated my medical coverage as well. Having to go back to welfare and the creditors down my back, I lost it and became suicidal. Fortunately, I responded well to treatment and stopped thinking of hurting myself.

The legal aid society helped me to get SSD/SSI in 2004, and I've been on it ever since. The creditors initiated their collection proceedings in 2003, not long after quitting my job, and I've been dealing with them by hanging up the phone whenever they call.

They've been calling me about 4 times a day, 7 days a week for the past six years and they served me papers to appear in court in 2007, so they were within the time limits for doing so, but I ignored them and didn't show up. I'm only aware that they won their judgment from reading it on my credit report.

Since they have a judgment against me, why did they not come after me? I never received a notice stating that there is a judgment against me. What's their angle? What's the point of suing me if all they're gonna do is what they've been doing? I'm confused.
:?

Anyway, there may be a chance for me to pay my debts in full, but what I need to know is will doing so help my credit score in any way? I'm aware that Aspire and Providian are notorious for duping people and that Aspire themselves have been sued for millions in New York for fraudulent practices. And I do have some satisfactory secured loans and a couple of other creditors I paid in full with no problems, so is it a pipe dream for me to set a goal of establishing a credit score of at least 720?

I'm being sued by Citibank, the same company that has taken TARP money. I took out a loan for my business, to keep it going. I worked while they were trying to get ahold of me, and then I've been served papers for a citation in city court, by a high powered law office in New Orleans. I've responded to the citation, with a response. I'm now waiting on a trial date. I've had Pre-Paid Legal attorney's give me little defense. I'm going to find a attorney in New Orleans to represent me. It seems in Louisiana, once you're being sued by a creditor, you have no rights!!! People, do not do business with Citibank nor Primerica!!! They're crooks, they don't explain things very well, and they will try to ruin you.

Im being sued by a collection agency for 1500 im currently unemployed and cant pay before the deadline that was given to me. If I go to court and lose what can they do cause I dont have any money.

Here is my situation. I live in Florida, own a house with some equity on it, current on payment. I own 3 cars fully paid but they are old (10 years old). I have 4 children 22,21,14 and 12 years old. They're all in school. I am the sole provider. The boys do have part time jobs. my gross in income a little over 60 grands. I owe about 40 grands in all. I've been sued by one creditor so far (chase), for the balance of $2,600.00. my hearing is 3 weeks away. any suggestion? i am thinking bankruptcy, but the lawyer is asking $1,700. do not have that cash on me. thanks

I just received a court papers stating that I was being sued (it came through regular mail) it states that I must respond within 30 days. The amount is 2,300 dollars which I have no problem paying the original balance was about 4500 dollars and through a debt consolidation company I brought it down to the current amount but my husband lost his job and I was unable to continue payments I plan on going to court and settling this- if I do will they still garnish my check? or my husbands check?

I'm being sued from a creditor that I know was paid off 4 years ago .I have given them all the documentations show this was paid ,but they just file a suit for this debt .. what do I do

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Hello, Every one, I am currently being sued for a cc debt of $2000, I made the debt when I was younger, had fun with the money and could care less about paying it back, opps, any how, This is what happen to me here: I live in az but the debt is in Tx, I was seved made the mistake of answering the door, any how, I had to answer in about 20 days, I made the answer telling them to validate the debt under fair credit act, and I was fighting it back of fouth any how I should up to the hearing and they had the statements, and how I am going to court to dispute stating that th staute of limitions are up, most people forget about this, which in my case the debt is more then 4 years old and since the debt was est in tx it is 4 year(az-3) this is for open accounts(credit card debt) so I am going back to court which i am going to fight it, either way they are not going to get my money since i will file bankruptcy first if i lost the case since i have 30k in debt,but i say fight it, you either are going to win if your judgment proff(aka broke-no assest) or your going to lose and depending on the state you can have wage garshiments or blah blah, dont worry its nothing to stress, but fight them if your are being sued, you will speak to a judge, now if they filed a judgement with out a hearing you do have the right to appeal the jugdment to vacate due to improper filing or if you paid it off, most people bend over and take it, DONT TAKE IT FIGHT do your research, by the way I am not a laywer but i have done research and the internet has use full ideas and laws and loop holes to fight it, if anyone wants to know how I am fighting my debt i may be back on this forum

that entire post was a run-on sentence. not a single period at all.... insane.

We are here to help people and share ideas, not to give grammer lessons

you mean "grammar" lessons, right?

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well, technically "now if you don't have anything else to contribute." is also a sentence fragment. as well as "leave it alone.".

im 70k in credit card debt will they freeze my checking account

Hi, I was being sued in 2004 for some credit cards from 2001 the case was dismissal without prejudice in 2008. I just discovered this a week ago I never Knew I was being sued. I know the statute of limitations are up on the credit cards now, but they were not
up in 2004 when they started to sue me, and my credit report is clean now. Can that dismissal without prejudice come back and haunt me?

Hi, I was being sued in 2004 for some credit cards from 2001 the case was dismissal without prejudice in 2008. I just discovered this a week ago I never Knew I was being sued. I know the statute of limitations are up on the credit cards now, but they were not
up in 2004 when they started to sue me, and my credit report is clean now. Can that dismissal without prejudice come back and haunt me?

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Yes Time Barred means the SOL is up or has passed. I have only educated myself in Massachusetts laws so I really can't tell you on a different state. I only know from fighting and winning my case Pro Se,,,,meaning I represented myself,no law degree and without the aid of an attorney.

I live in Va and have been served papers that a debt collector is going after me in a judgement hearing. I'm 62, divorced and living with my son in an apartment. I have no assets except for a 14 year old car. I don't work and only receive a small social security check each month. Can they take my social security money...the only income I have? And what will happen after the judgement hearing? Thanks for your help.

Dear Guest (from Viginia), no the debt collector cannot attach your social security in any state to satisfy a judgment. With that said, I would strongly recommend you file an answer to their complaint and make them prove their case. In my experience, most third party debt collectors do not have the evidence required to support their claims and will dismiss on the spot. However, if you just roll over and play dead they will make your life a living hell for years to come, whether you have assets or not.