Answers
I am being sued in small claims court for $6500 for credit card debt. My State limit for small claims is $5000 can they get $6500? Is it $5000 plus fees?
It was filed in superior court, after looking on the web page they hear matters involving $5,000 or less. So I am assuming that is all they can get. But, the summons says they are seeking $6,500. Will the $6500 be cut to $5000 at the time of the judgment?
The state is Vermont
It depends on what your credit card agreement says. Most of them say that the creditor is entitled to attorney fees and collection costs.
If the limit at your small claims court is $5,000 the creditor has 2 choices: sue for only the $5k in small claims court, or file suit at the next higher court for the $6,500
If you're being sued, what should you do? Settle? give up? or fight? If you give up, you make it much more likely that what you fear happening ...
I'm being sued from wells fargo for a credit card debt i could not pay anymore on my fixed socail security income.
your social security cannot be garnished for bills except for government loans and child support as far as I know. I too am on social security and have no problem with people trying to collect from me. What will they get in the end? Nothing, I have nothing for them to get. I just have a bad rating with rating company. Oh well I can't pay them if I don't have it and they are sure not gonna come take back my new teeth etc.
I am unemployed still and going to court over a wells fargo credit card debt of over $4000.00. can they lock me up?
BIG QUESTION #2 WHAT ABOUT COURT FEES+COSTS?
I really need some real answers. Thanks in advance.
Debtors prison went out ages ago. I guess those people who claim you can be locked up must be at least 200 years old. lol.
I'm sure they will probably file for a $4000 debt. The question is, who is suing - the original creditor or a collection agency?
If they haven't filed yet or have just filed, order your credit reports and see if whoever is suing you is reporting correctly. If they are violating your rights by reporting inaccuracies, you should file counterclaims against them. See if you can have it moved to a higher court. If you can, and they have alot of violations on your report, or if they have violated your rights whenever they had contacted you, that could mean up to $1000 per violation.
If you have enough violations on 'them', and file them, they may back out of the suit.
Anyway, back to your questions.
If you go to court and lose you will be liable for court costs, lawyer fees and they will put an interest rate on the judgment.
What they can get out of you is based on what your state allows. If your state does not allow wage garnishment, they cannot garnish any wages.
You need to find out your states exemption laws.
If you have a bank account - "close it" and deal strictly in cash.
If they get a judgment, they can sit on it for as long as your state allows. States only allow judgments for so many years and if they do not re-new the judgment when it is due, they are out of luck.
Usually, even if a person is not employed or has no possessions that are legal to seize, they will just sit on the judgment until the persons financial picture changes. Then they will enforce it.
You should try to speak with a lawyer. Try Legal Aid or NACA.
You might go to the site I've listed. You will be able to find links to your states statutes etc.
I am being sued for a credit card debt and have been to court and acknowledge that I owe the debt but both times the Plaintiff has not shown up. Is there a motion to dismiss that I can type up myself since the company involved doesn't even show up for court and has not rescheduled either time ( they just do not show). If you can help me please let me know..Thank You...Teresa
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i received a letter, personally by a guy who knocked on my door at 8pm last night says i have been summoned and am being sued for $2,000. what will happen when i go to court for this?
Well they will go over the case and give you a chance to state why you have not paid the debt. The judge will then a judgment and it will be on your credit for about 7-10 years.
Amex business card but being sued in personal name is this legal ...
I had an Amex Open business CC under my business name (sole prop). It was suppose to be fixed for the life of the loan at 9.99%. They raised it to 12.99%I complained and told them I wouldn't pay it that they had breached the contract. I tried to work out an agreement with them to no avail. I now make $600 a month because I was hurt last year and I have ran out of items to sell besides overencumbered RE or my home.They offered me $450 a month payment 0 interest for 6 months, then 9.99 until paid off. The balance @ 33K. I offered $200 a month 0 interest. They said no. I said no. I quit paying,that was in July. I had been paying @600 month. When Zwicker calls I never answer but my housemate caretaker...
News
Have old debts? The collector might be too late.Washington Post - Feb 09, 2012
What would you do if you received a court summons indicating that you were being sued for thousands of dollars in debt on a credit card you had no recollection ever applying for or using? Many people would ignore the court notice.and more »MarketWatch (press release) - Feb 09, 2012
SayCampusLife7, 2012 /PRNewswire via COMTEX/ -- With student loan debt now topping US credit card debt and few or no options available for distressed borrowers (including unwary parents who co-signed loans and now face the loss of nest eggs, retirement homes and Survey: 4 Out 5 U.S. Bankruptcy Attorneys Report Major Jump in Student Loan all 13 news articles »
The News-Press - Feb 09, 2012
Sheriff's office employee resigns following internal affairs investigationA Lee County Sheriff's Office employee has resigned after an internal affairs investigation found he opened an American Express Business Blue credit card for which he and the sheriff's office were financially responsible. Harry Balke, a Crime Scene and more »Bloomberg - Feb 09, 2012
China Credit Cards, Danish Bad Loans Accounts, Smith & Nephews: ComplianceThe US says the rules contravene a pledge the world's most populous nation made when it joined the Geneva-based WTO in 2001 to open its debit- and credit-card markets to foreign processors by the end of 2006. Bank of East Asia Ltd., and more »CreditCards.com - Feb 09, 2012
What happens when you're sued for a credit card debtBy Erica Sandberg I am being sued in civil court over a credit card debt. I haven't worked in over two years and just started getting Social Security Disability this month. What do I need when I go to court, and what can they do to me since I can't and more »
The Consumerist - Feb 09, 2012
The 85-year-old plaintiff says that she fell behind on her Wells Fargo credit card payments in 2010. She eventually worked out a payment plan with the bank and all the collection calls stopped, at least until Feb. 2011.and more »
Money Morning - Feb 09, 2012
By Shah Gilani, Capital Waves Strategist, What may be good news for delinquent credit card holders may also be really bad news for banks. It turns out the "robo-signing" of foreclosure affidavits is just the tip of the iceberg.and more »