Can You Be Sued For Credit Card Debt

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

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 ...

Okay i've just recieved this letter in the mail today. I use to live in California but i just moved to Minnesota about a year ago. It's been about 6 months that i haven't payed for my credit card and the amount is 6,870.00. the attorney office "Frederick J. Hanna & Associates, P.C" sent me this letter.

I HAD PREVIOUSLY WRITTEN YOU REGARDING THE DEBT OBLIGATION PLACED WITH MY LAW FIRM FOR COLLECTIONS. I HAD HOPED THAT YOU WOULD HAVE SATISFIED THIS DEBT TO AVOID ANY ADDITIONAL PAST DUE INTEREST. THEREFORE, YOU HAVE (10) DAYS FROM THE POSTING OF THIS LETTER TO PAY YOUR ACCOUNT IN FULL. IF YOU FAIL, WE MAY HAVE NO CHOICE BUT TO RECOMMEND TO OUR CLIENT TO PROCEED WITH LITIGATION.

What is this? are they going to sue me? What can they do at the least and worst?

they can sue you in court and get a judgment against you and can try to garnish your wages can't put you in jail if that is what you are asking may be able to put a lien against your house would have to pay off the debt before you could sell the house or take out a loan here are the laws for garnishment Minnesota Wage Garnishment

Minnesota Statute 550.136 and 551.06 governs wage attachment. The maximum part of an individual's disposable earnings for a pay period that can be garnished may not exceed the lesser of:

1. 25% of the disposable earnings, or

2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.

The portion of the defendant's earnings which are not subject to a wage garnishment are also exempt from garnishment for 20 days after they have been deposited in any financial institution, whether in a single or joint account. The burden of establishing that funds are exempt rests on the defendant using the first-in first-out accounting method

2008-03-02 17:31:20 by Fugee M

I am getting sued for a debt that was charged off 10 years ago. A 450 dollar debt inflated to 1300. I answered the claim and check the box that said you deny the claim. I returned it to the court clerk. I am now awaiting trial, in the mean time i found a credit report 7 years old that had this debt showing it was charged on in 5/1998. I live in a state where the SOL is 6 years for credit card debt. Should all i need is a copy of this credit report. The lady at the court house told me i could not include that in my answer, but i can use that in court.
I really don't want a judgment my credit is spot less now. Someone told me this person taking me to court Palisadas will make a HUGE PROFIT from this. other question would this be a violation to do this?

Palisades is a Junk Debt Buyer who is well known for trying to sue for debts that are long past the Statute of Limitations.

You did the the first step in filing the answer. As you seem to know the Statute of Limitations is an affirmative defense which means you must show up in court to defend yourself. So do not just skip out on it.

Now, depending on your state there are some things that could reset the Statute of Limitations. This includes making a payment or if you had signed a promise to pay agreement. If you did either of these in the last 6 years it could have reset the Statute of Limitations. So in court you can bring the Credit Report as it would not hurt. But you also need to have them prove that you did something that would have caused the SOL to reset.

2008-08-25 08:56:46 by Andrew W

am getting sued for a debt that was charged off 10 years ago. A 450 dollar debt inflated to 1300. I answered the claim and check the box that said you deny the claim. I returned it to the court clerk. I am now awaiting trial, in the mean time i found a credit report 7 years old that had this debt showing it was charged on in 5/1998. I live in a state where the SOL is 6 years for credit card debt. Should all i need is a copy of this credit report. The lady at the court house told me i could not include that in my answer, but i can use that in court.
I really don't want a judgment my credit is spot less now. Someone told me this person taking me to court Palisadas will make a HUGE PROFIT from this. other question would this be a violation to do this? thanks for your help

If you didn't want a judgment against you... then you should have paid your debt, besides a charge off does not release you from responsibility for that debt.

Everyone else has to pay their bills...why shouldn't you?

2008-08-25 09:07:15 by Andrew W

I am being sued for a four year old cc debt from Capital One by a lawyer from Collect America. The original debt was 1900 and with interest it comes to around 3900. I have not responded to the summons yet. From a newspaper article online I found this about the subject.
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Challenge the collector

Jarzombek goes one step further and recommends challenging the collector to prove that the defendant owes the debt. Often, he says, the collector will not have access to the original contract or details of the debt to prove his case and any response from the defendant will cause the debt buyer to walk away from the case.

"You can appear in court by filing a written answer with one sentence: 'I deny the plaintiff's claim,'" he said. "I tell them to show me a contract, to demonstrate that they have the authority to sue."
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Other sources I found about validating a debt talk about sending the debt validation demand to the collector not the court? What should i do?
Thanks for the reply - Collect America is a franchise that employs lawyers, the letter was sent by a lawyer in my state.

I think if I send the debt validation response and they don't have access to the original contract ect then they will drop the suit...

Also I am wondering if the summons lists Capital One as the plaintiff then that means they have'nt sold the debt they have just employed these collectors to recover it.
Squeezie, I agree, this is my debt and I would like to take care of it. At one point 6 months ago they offered to take 1000 and consider it payed but I didnt have the money. I think I can borrow the full 1900 from a relative and pay it off but all that interest I can't come up with. I'm unsure if Capital One will even talk to me since a lawyers is handling it and a lawsuit is pending.
Wartz, SOL in OR is 6 years

Patrick, If Capital One is listed as the plaintiff do they still own the debt? Should i talk to them or Collect America? In the quote they said collectors often handle large porfolios of debts and dont have access to validation documents. My thought was get them to back down then propose a one time settlement in full payment at 50% or so.

I generally agree with everyone else. If I were in your boots, I would either contact Capital one directly, if they will talk to you at this point, and attempt to offer a payment plan. If they won't talk, then you need to find out from Collect America whether they are negotiable. You cannot escape this debt, as they won't let you, no matter what legal (or illegal and unethical) shenanigans you try.

With this on the books, your credit is in the toilet. Try to salvage what you can. You might need an attorney if they insist on taking you to court.

2007-10-19 12:24:39 by journeyman