Sued For Credit Card Debt

My Mom became permanently disabled & gets enough money from social security disability payments to barely get by. Now she's being sued by a credit card company for her debt, which is several thousand dollars. She can prove her inability to pay the debts so what's the worse they can do to her? Can they take her home or car?
I had also heard that they can't collect from disability payments from the government & in the case of someone becoming permanently disabled, it's a different circumstance than just refusing to pay a debt owed.
mphsgurl...The letter that was sent to her wasn't from the credit card company. It was from the circuit court.

The good news is that Social Security is not touchable even with a judgment. So your Moms income is safe.

The bad news is that if they take her to court and get a judgment, they can file liens on her property like her car and home. They can not take it but they can prevent your Mom from selling any of it without paying them from the proceeds.

2007-04-17 14:49:01 by

If you are sued by a credit card company, the judgment against you may end in a wage garnishment, a lien against your property or a levy on your ...

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

2008-03-26 09:57:53 by David U

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.

2006-07-03 09:14:14 by baddog

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!

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