Being Sued Over Credit Card Debt

My Dad has been in credit card debt since about 2005, he's been passed on by a few debt collectors that have all told him that the Credit Card Company was going to sue him. He's 13000 dollars in debt, and once again they called and said that the Credit Card Company was getting ready to make legal proceedings in our County. They want 50.00 by tonight at 5 or by the 21st (good faith payment). Do you think that they will sue him this time around, or is it another scare tactic?

It's just a scare tactic. I once owed over $120,000 in credit card debt. I got threatening phone calls, letters, etc. I even had Process Servers knocking on my door telling me I was being sued, and handed "legal looking papers" telling me I was being sued with the court date, etc., telling me to appear in court on a certain date at a certain time. I just threw them in the trash and never heard from them again.
I was never sued. It's all just an attempt to get you to pay something.

They will continue to harass you by phone calls and threatening letters as long as they can. They will sell the debt account to another collection agency and they will harass you for a while and then they will sell it to somebody else. You have to move and change your phone number to avoid the harassment. Good luck.

By the way, Capital One was one of my biggest debts that I owed, and that always threatened me with letters, phone calls, etc. They have now issued me a new credit card.

2008-12-19 05:44:41 by courtney!

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 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.

2006-07-17 13:33:22 by cooldog

A law firm, Rubin & Rothman, is representing Capital One over a debt that was originally $300 or $400, but has ballooned to over $1,300 due to interests and fees. I can't afford to pay. I might wrangle over the injustice of legal usury, but the only thing I can really do is prove that I can't pay, showing my bank statements and pay stubs. (I've worked part-time for a public college for five years.) The court date is in the Civil Court of Queens, NY.

I've been taking care of my elderly homebound mother for over two years (her house, her money, though she's very stingy); I've also been in therapy that same amount of time (through a state-sponsored health plan). Would evidence of those things help my case?

So, besides showing my near-empty bank statements and very low pay stubs, what else should I do to prepare for tomorrow (besides pray)?

You should have gotten a lawyer.

2006-05-25 11:06:20 by MNL_1221

I live in Oregon and I had this credit card that I owed $1,500 on 5 years ago. All of a sudden I get served today. Im being sued for $6,000 from a debt collector. I have 14 days to pay or demand a hearing or jury trial. If I don't do one of the three things mentioned the court will automatically enter a judgment against me! I cant afford $6,000 and I don't know what to do next? Im not working but my husband does can they go against him for the money? Should I get a lawyer? I have never been sued before. Im freaking out!

I know you said 5 years ago, but you seem not sure. In Orgeon the statute is 6 years for a credit card, so it may actually be out of statute. You need to verify the account with them. Credit cards never go to jury trial. If someone is threatening you with a jury trial, they are most likely breaking the law.

Consult with an attorney right away. This may be an FDCPA Violation.

2010-01-07 20:54:13 by diana f

A collection agency took over some credit card debt I had from approximately ten years ago. Am I still legally responsible after such a long time? If I agree to pay it out can they charge me cumulative interest from that long ago? If I go to court, lose and have a civil judgement against me can they freeze my bank account and or garnish my wages?
Thanks for your help.

Not necessarily. You need to look at the statute of limitations for debt in the state where you resided AT THE TIME you incured the debt.

If it's past that time limit - the card company has already written off the debt, sold it on to a collection agency.

Tell the collection agency that you know the statute for your state, not to bother you again and if they wish to pursue it further you'll be speaking with the FTC to file a complaint if they continue to hassle you.

I'm all about fiscal responsibility but I hate debt collection agencies.

2007-04-20 07:51:33 by naturespirit33333