Can I Be Sued For Credit Card Debt

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

In my opinion,

If they are filing in small claims they are aware of the $5k cap.
If they win they will only receive up to $5k.



A portion of your states small claims rules:

Rule 2
(a) Jurisdiction. Actions on claims for money damages not exceeding $5,000.00 may be brought under these rules, except claims based on defamation. Claims for relief other than money damages may not be brought under these rules. A claim in excess of $5,000.00 may not be split into two or more claims under these rules.

(e) Nontransferability. A claim or counterclaim filed in the small claims docket of a superior court may not be transferred to the civil docket of a superior court.

http://michie.lexisnexis.com/vermont/lpe xt.dll?f=templates&fn=main-h.htm& ;cp=
The link above will walk you through your states small claims rules.



If you are past the collecting SOL then you should include an affirmative defense of SOL in with your answer.

The collecting SOL in Vermont is 3 years for open accounts (credit cards are open accounts).

§ 3-118. Statute of limitations
(iii) to enforce an obligation, duty, or right arising under this article and not governed by this section must be commenced within three years after the cause of action accrues. (Added 1993, No. 158 (Adj. Sess.), § 12, eff. Jan. 1, 1995.)



If the collector had made any violations, you might consider filing a counterclaim against them.

To learn what constitues violations, you should read the FTC FDCPA (it's easy to read and understand) I have a link to it in my profile on here.

Plus you should read your states collection laws, which are in the following link from the Vermont AG:
http://www.atg.state.vt.us/display.php?s mod=122



How to represent yourself, from the Vermont Judiciary:
http://www.vermontjudiciary.org/Resource s/Links/LinksProSe.htm

2008-03-27 13:03:23 by David U

www.CreditCardReliefFormula.or g What happens if a credit card company sues you during debt settlement? It is easy to settle your own debts often ...

I received a Civil Simmons that was served to me stating I was being sued for credit card debt from back in November of 2002. If I researched right the SOL law in Arizona is 3yrs, can I respond to this lawsuit and have this dropped if the SOL law is correct?

Yes you can dispute the validity of the debt, if it is actually 3 years, most places it's 6 or even 7 years. Be smart about your response. Any other thing that you can submit that will uphold your case, will be very helpful. If you are being sued by the credit card company, then doubtless, you have been called by numerous representatives from that company. There are federal laws which they cannot overstep. They may not contact you before 8 am. nor can they contact you after 9 pm. They may not speak to any other household member, without your written permission. They may not threaten to evict you from your home, or threaten to take your belongings, and if they have threatened to send someone to your house to get you, or if they have said they will send police to your home, they have exactly 5 days to do so. If the cops do not arrive in that 5 day period after the threat, they have broken the rules of fair debt collection. You must be able to provide a strong defense to your case. Two years ago, a credit card company actually requested that the judge move to dismiss without prejudice, the case against me. I haven't heard from them since. I did not use a lawyer.
Remember, build a strong case. Don't rely solely on the SOL, but gather as much as you can to make your case go your way. Be as professional as you can be if you go in the courtroom without a lawyer. It seems that more and more judges are sympathetic to the defendent in credit card cases, than in times past. As more cases come to court maybe some judges are realizing that the multitudes of people may not be wrong, and that credit card companies have overstepped their boundaries. Good luck with your case.

2008-06-11 20:13:32 by Jake

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

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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2008-07-15 19:58:27 by Teresa S

people are allowed to run up huge amounts of debt even tho they only have minimal public benefits and no known assets. How is that possible and can they be prosecuted when they can't pay back? I know a man who has over $50,000 in creditcard debt.

Yes,
The creditor may not be able to attach his income but they will seek a judgement and if he owns his house, a lien will be placed and the credit card company will be paid then. A judgment will remain on his credit for 10 years. (I'm pretty sure its 10- its at least 7)

2009-06-21 13:05:33 by Aristides