Failure To Pay Credit Card Debt

Really messed up. Overloaded credit cards, hardship happened, interest and payments went up. Could no longer make payments. Have been in arrears aprrox. 13 mos. Have gotten a summons of lawsuit. I donn't have anything. What can they take and how do I protect what little we do have?

It is pay and they can get it.

Learn from this mistake. Instead of ignoring your commitment to these bills you should have tried to work something out with them. They will work with you if you contact them.

Learn from this mistake.

2006-10-23 13:52:28 by Barb

EverythingFinanceBlog.COM Failure to pay credit card bills can be very serious, resulting in increased debt, a damaged credit score, and potential ...

My husband and I got a Sears and Roebuck charge account. We made payments for a long time then hit a long line of financial unrest. I have not paid on this account in a VERY long time.(The debt is from 2000) I just had a creditor call and tell me that a lein can be put on my house for failure to pay or wage garnishment. In the past we considered filing bankruptcy but the attorney encouraged us not to because in texas they can only harass you about the debt, they can not legally do anything about it. Has the law changed in the last few years?

YES.

2006-07-14 14:28:06 by johnmari6996

My mother in law has around $80,000 of credit card debt racked up. She's a hopeless alcoholic and she has limited time left here. She's in the hospital slowly dying of liver failure right now. She has NOTHING to her name, no home, no personal savings, ABSOLUTELY NOTHING of value in her name. She's divorced and has no job.
We are preparing for her passing, but I need to know if her debt will be passed on to my husband and me when she dies.

Can the creditors legally come after us, even though we had nothing to do with her debt? It was all done by her. What will happen to this debt if it does not pass onto us? She has a 30 year old sofa and a television from 1990, would they take those things as a sort of "payment"?

We could never pay off that kind of money. We don't even make a 3rd of that amount in a year. She is in Wisconsin and we live in Minnesota if that matters.

Please, I really need to know this soon.

It's going to be all right. The creditors can come after her estate (i.e. assets that were in her name) but if there is no estate, then that's it. They can't come after her family members unless their names were also on the credit accounts.

That said, credit card issuers will sometimes try to get family members to pay off these debts, because sometimes family members, in their ignorance, will do so even if they do not have to. Don't fall for it. You are not legally obligated to pay the debts; the credit card companies will simply have to write it off. (This is part of their risk of doing business.)

2009-08-29 20:22:54 by Scarlet

I have been sued by Chase bank for a credit card that I have never had. I went to Mediation today thinking that I could resolve this matter myself after being a victim of ID theft. According to the Mediator, my documentation was not sufficient and I was informed that I would loose at trial therefore; suggested to get an attorney prior to trial date. I feel that i have followed the steps that seem logical but obviously I have missed something. The representative for Chase stated that it was due to my failure to file a police report. He stated that the last payment was made in 2003. Who has the burden of proof in this matter? Any suggestions from prior incidents? What should i expect next. How is it right that I have to pay attorney and mediation fees when there was no evidence provided that showed that the debt is mine. Please help me!

Not enough information.

Who actually filed suit, Chase or a collection agency in Chases name?
What was the date they "claimed" a last payment was made and the date they "filed" the suit?

Texas collecting SOL is 4 years from the last payment or charge made to an account.
IF they filed the suit past the 4 year mark then the account is time barred and you should claim an affirmative defense of SOL. (whether it's your account or not, if it is past the collecting SOL then that fact should be used)

You need to look to see the actual date they filed suit and compare it to the date they "claimed" the last payment was made.
If they filed it past that date, your road will have become a little more easier.
If they filed near the date then you should still claim affirmative defense of SOL.

If they filed the suit past the collecting SOL and you use that fact, the judge should dismiss the case (as long as you don't make any mistakes and the judge is interested in justice)
Plus you can request from the judge that the Plaintiff pays all court costs that were incurred.
Plus you can file counters against them for filing on a time barred debt.
Texas also has excellent consumer protection laws that in most cases are better than the FTC FDCPA and it also includes original creditors in many instances.

If they filed suit past the collecting SOL, you "may" be able to find a "consumer credit" lawyer that will take your case on a contingency basis - where if you win, the lawyer should request the Plaintiff pay his/her fees. If you lose then you will have to pay the fees.

Without knowing more info:
You are probably at the point where you have to request a Discovery. You would be basically asking for proof that there is a signed contract with "your" signature, payments made from "your" bank with "your" signature, etc., etc.

As crazyjester stated, the burden of proof is on them - but you are the one that will have to request it.

The site crazyjester linked is a free credit discussion site. Look near the top of the page in that link and click on Forums.
You can freely read through the forums, use the info that is in the forums or ask any questions you may have.
That site is not my normal stomping grounds but I do know it is an excellent site.

You might also click on my profile and click on the last link I've listed. It is to another excellent and free credit discussion board (it's the one I actually prefer).
To get more feedback, you might post questions on both of the discussion boards concerning this.


ETA
There is no wage garnishment in Texas, the most they can probably do, if they win, for an unsecured debt (credit card) is seize your bank account (you might think about keeping very little money in it and deal in cash for awhile) and possibly place a lien on your home (they cannot force you to sell your home, car, etc).

2008-02-26 15:54:03 by

Here is my situation. Previously I ran my own business, considered self employed with no holdings or property etc. I had credit cards that are in my name as personal accounts. My debt is over $25,000 I had no problem paying the payments before, and far beyond the minimum, and at times would pay them off within 2 or 3 months of charging on them. Unfortunately, my personal situation changed and my health is very poor (congestive heart failure and cardio myopothy) and am 64 and soley existing on Social Security at this time, of $725.00 monthly. The only reason my social security is this small of an amount, is prior to my being divorced several years ago, I did not work, my spouse did, so this amount was based on what I had paid into social security. I am unable to work, donnot own any property or a vehicle,have nothing of real value at this time other than my clothes and minimal household items and I reside in a High rise, and unfortunately have no way of paying these credit cards that I have stop paying on some time ago. I do have a checking account which my social security is deposited into. What should I do? I honestly cannot afford an attorney, and my health issues make it difficult for me to get out and about as well. What could happen to me? Any suggestions or direction would be greatly appreciated. I was always one who was able to pay my bills, and never worried about things, so as embarrassing as this, is this is my situation.

You may be able to collect off your ex-spouse's social security. check the links.

2009-06-18 04:00:59 by Krysty D