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what happens when you are sued by creditor?

Submitted by lmale on Sat, 05/31/2008 - 12:33
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I'm looking for someone who has been sued by a creditor..Can you post exactly what happens and what the outcome was? Like from the beginning to the end... I've not been sued, but some day might be, I really want to understand the process or can someone tell where to look to get this kind of information?

I'd also like to know if you are sued and the creditor wins, is this when and/or how your wages get garnished or do you just have to make pmt arrangements and stick to them?

Thanks Reny


what happens to me if I dont respond to a court appearance for an american express debt? they have acrued a ridciulous smount of interest on this and I am only working 4 hours a week bringing home very little money. I dont own a home or vehicle...i tired to contact the agency but they want 20% of the debt which I dont have....I am in florida....


Submitted by on Thu, 02/11/2010 - 08:34

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Quote:

Originally Posted by Anonymous
what happens to me if I dont respond to a court appearance for an american express debt? they have acrued a ridciulous smount of interest on this and I am only working 4 hours a week bringing home very little money. I dont own a home or vehicle...i tired to contact the agency but they want 20% of the debt which I dont have....I am in florida....

Oh I also did not have to sign anything when they served me....


Submitted by on Thu, 02/11/2010 - 08:35

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well no you don;t have to sign for a summons to court as far as i know. only job of server is to hand you the bad news.
i don't think there is much you can do at this point.
as i said post as detailed a post of your own...start a new one just yours and see what answers you can get from someone more in the know.
this happened to me 2 yrs ago, but not by lvnv, and they never served me. said they did on my birthday which i would remember. alot of them lie and say they did. since i did not get served and knew nothing about the lawsuit, and i had no proof that i didnt owe them the debt (the debt validation letter-i didnt know about this stuff at the time and found this site afterwards) etc., i of course did not/could not show up so i have a judgement (default for not showing up) for the next 10 yrs on my report, which is public record, which they can also renew every 10 yrs if they want. it never goes away until the debt is pd.
please please post, if there is time still left before your court date, a NEW thread/post of your own so you can start getting some assistance on here. again good luck


Submitted by meremanda on Thu, 02/11/2010 - 08:44

meremanda

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If you where properly served, meaning a summons was left at your correct address, and you did not answer it, then yes a default judgment in favor of the plaintiff will happen.

They do not have to inform you of anything, they can simply go and file suit against you without you knowing, they only way you will find out is when you are served.


Submitted by pokertramp on Wed, 03/10/2010 - 17:30

pokertramp

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If they would have tried to inform me of the amount owed I would have worked with them on getting it paid. It seems crazy that they wouldn't let me know the amount I owed and go straight to filing a suit against me. All of this stems from a business that failed and I never intended to not repay my debts!


Submitted by on Thu, 03/11/2010 - 12:09

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hello I'm being sued by Department of water and power on an accident my husband was involved in March 24 2007 they file the papers to sued me on 03/19/10 but they didn't give them to my mom till 04/19/10 do i still have time to file back and can they garnish my paychecks they sued me for 17,553.


Submitted by on Thu, 04/29/2010 - 10:43

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I recently got a phone call and the man on the other line told me I was going to be sued for writting a bad check in 2007 for a Pay Advance I am really scared because I have never been in trouble with the law. I have three children and at the time the check was good but I had some problems and needed the money that was coming. The man told me that I will have until tomorrow to negotiate with them or they will file a law suit against me. What do I do??


Submitted by on Wed, 07/14/2010 - 21:58

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judgement filed on my husband 2 to 3 years ago, for a citibank debt c.card , we moved and never got any more bills, then 3 years ago got bill for $19,000, orginal debt $5500, judgement served, been paying $250 per month, now husband lost job, we cant pay , and i am on disabity, we have a tract of land together, that is it can they take the property, we linve in n.c.


Submitted by on Thu, 07/22/2010 - 12:26

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i had taken out a school loan that i had kept contacting them telling them i could not pay them back because i was out of a job. then last year i had won an internship abroad and was gone for nearly 5 months. it was an internship meaning i wasn't getting paid but housing and other things were paid for. i was literally living off my sister to make money. so i came back to the states and had been trying to find a job but had no luck here in tennessee. my parent's house does not have a phone as they were cutting off bills to make ends meet. so there were no way but using my brother's cellphone to get communication.

i then moved out west to washington to find a job. i start my part -time job next month but i had came back to tennessee to pick up the rest of my belongings. then i was left a note saying i was being served. i later called for the people to serve me properly but they have yet to serve me the papers but told me that the court date was on august 27th here in tennessee.

i really don't know what to do because i have a job in washington that i need to get back to and i don't want to come back next month just to go to court even though i don't want judement filed against me. i have nothing for them to take from me. no house, no car, no bank account. what should i do? i need to work to pay off my other debts but i can't be held back just to appear in court and risk of losing my job.

can someone help me please?


Submitted by on Thu, 07/29/2010 - 12:37

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Quote:

Originally Posted by Anonymous
i had taken out a school loan that i had kept contacting them telling them i could not pay them back because i was out of a job. then last year i had won an internship abroad and was gone for nearly 5 months. it was an internship meaning i wasn't getting paid but housing and other things were paid for. i was literally living off my sister to make money. so i came back to the states and had been trying to find a job but had no luck here in tennessee. my parent's house does not have a phone as they were cutting off bills to make ends meet. so there were no way but using my brother's cellphone to get communication.
i then moved out west to washington to find a job. i start my part -time job next month but i had came back to tennessee to pick up the rest of my belongings. then i was left a note saying i was being served. i later called for the people to serve me properly but they have yet to serve me the papers but told me that the court date was on august 27th here in tennessee.
i really don't know what to do because i have a job in washington that i need to get back to and i don't want to come back next month just to go to court even though i don't want judement filed against me. i have nothing for them to take from me. no house, no car, no bank account. what should i do? i need to work to pay off my other debts but i can't be held back just to appear in court and risk of losing my job.
can someone help me please?

You should go to your court date. If you don't go you are most likely to lose anyway. When you go to court you can explain your situation and that you have nothing of value for them to collect. The judge may make the judgement lower. If you lose the person or company suing you can take money from your paychecks. I am not sure how long a judgement is good for in TN but you should check with the clerks office. Just go and get it over with. I know it sucks..


Submitted by on Thu, 08/12/2010 - 13:54

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I just got a Summon to court, I need help ASAP.
I live in NYC. Is there anyway I can talk to them about paying a monthly fee? I just remembered that I had that CC, as I have two bestbuy cards. Can I talk to the debt collectors and see if I can pay monthly?


Submitted by on Tue, 11/16/2010 - 21:25

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Insurance follows the car, not the person, so NO you would not be liable for the damage the vehicle did. However, you will probably be ticketed and the insurance company may possibly subrogate against you. Most of the time though, the insurance company will just pay out the claim of the at fault accident.


Submitted by on Fri, 01/28/2011 - 11:37

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I am trying to get a job. However, with bad credit no one wants to hire me. How do these creditors expect someone to pay them. If no one wants to hire you because of credit problems.
When are transfer of assets legal. What the time limit to do this, and if you where never late on bills when this took place would it be legal.


Submitted by on Fri, 02/11/2011 - 15:37

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I am 53,female,resident of FL.When business was good,i had several loans and cards,after the recession,we lost the business and I am practically living off my savings now.I am unable to pay any of my loans and it will take more time for me to get on my feet. Just two days ago,AMEX sued me for $14k I owed them which the card was suspended in 2010. The summons ask for response within 30days.I cant afford to hire a lawyer hence I have few questions for you folks knowledgable on this forum.
What kind of response can I send to the court?
Would that response discourage the creditors or just buy me more time?
Is bankruptcy a better option? Is it difficult to get OK by court?
I have NO assets now,only a car I drive and my kids pay for my expenses,my savings pay for house rent,
what is the best route to proceed?


Submitted by on Mon, 02/21/2011 - 17:53

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You are in Florida so as head of houshold your wages are garnish proof. You only own the car you need to provide for your family so you are pretty much judgement proof. They can put a lien against you though which will make getting a mortgage in the future impossible unless the lien is settled first. Also should you receive a windfall as in lottery or inheritance they will be first in line to take what they won.


Submitted by Frogpatch on Mon, 02/21/2011 - 18:03

Frogpatch

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im being sued by capital one. They are being represented by zakeheim and associates they are sueing me for $1105 plus $300 for there attorney's fees. I"ve been trying to find a job but have been unemployed for a few months now. Im a single mother I dont know what to do. anyone know what i should expect when i go to court i tried to settle for $700 with the law office but they wouldnt work with me.


Submitted by on Mon, 03/21/2011 - 19:24

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I recently had a student loan that I was unaware of come up in collections. I made 2 payments on it back in 2006. The collector told me he was going to sue me. I asked him to send me proof of my debt. He said he would mail it to me, so I gave him my address. He never mailed it. He called me today (about a week later) and said he would email it. He finally did email it, after yelling at me and calling me a liar b/c it hadn't arrived in my email when he called. He accused me of stalling, but I think I am passed the SOL. Do you go by your state of residence or where you went to college (where the student loan was from). All of the loan paperwork as my state of residence as Nebraska. The loan company and where I went to school is in Minnesota. And if they do sue me, what should I expect? How soon should I expect a knock on my door?


Submitted by on Wed, 03/23/2011 - 20:26

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I am being sued for a note I owe 25K . need to work out payment.. can I file an extention.. should I call the bank or the attorney? Will they negotiate the balance?


Submitted by on Mon, 04/11/2011 - 20:32

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Hello, I am on SS for mental disability. That is all the income I've had for the last 5 years or so I think. I can't remember correctly. Anyway. I got a guy give me a paper about court. So my dad took care of it. He called the people and they said they would leave me alone because of mental disability, etc. So my dad sent them copies of proof of me being mentally disabled and on SS. Now I got a judgment in the mail. I do not know what to do? I thought they were not going to bother me anymore. I can hardly take care of myself because of my mental disability. I don't know how to even understand stuff like this???


Submitted by on Thu, 04/28/2011 - 12:41

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Hello,


Not sure if you are still active but I am being sued by a credit card in the state of Mass. I have no income. I will attend the court date. I am debating filing for bankruptcy and wondered if I should do this before or after the date? I 


Submitted by on Fri, 01/11/2013 - 05:01

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I live in california
9/26/2011
kel kris associates, inc\
yes they did the lawsuit where i live
i am in the military and i got a used car that i thought i could pay on i missed two payments they repoed my car and i stopped making payments and just got a summons today on the 4/13/13 if you can give me some guidence please write me back at my email grovetoncowboy1990@yahoo.com


Submitted by on Wed, 04/10/2013 - 19:54

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