I got served from credit card debt of 5K?
Michaela asked:
I have been in default for about 3 years now
I am consolidating this credit card
but have been served with court papers today
I have absolutely no money, I am not even working, I own nothing
my question is what happens if I don’t show up?
and if I do what difference would it make?
any advice?
Marvin
I have been in default for about 3 years now
I am consolidating this credit card
but have been served with court papers today
I have absolutely no money, I am not even working, I own nothing
my question is what happens if I don’t show up?
and if I do what difference would it make?
any advice?
Marvin
Tags: 3 Years, Credit Card Debt, Credit Debt
July 13th, 2009 at 2:32 am
Clinton
No show = default judgement. Not showing up is the worst thing you can do.
Respond with the following to the court and to the debt collector. Send the court AND the debt collector a letter via Certified Mail + Return Receipt stating:
Notice of Intent to Defend
This claim is in dispute and I cannot properly respond until I receive documentation for this alleged debt, which includes:
- a copy of the original signed contract with my signature
- An itemized summary of how this amount was calculated and the interest rate being charged
DO NOT be a ‘no show’ on the court date under ANY circumstances….This is the worst thing you can do as being a no show = default judgement for the other side…This is exactly what they want you to do.
Even if you loose, you can plead your case. Bring documentation showing that you are unemployed Bring copies of bills to document your living expenses. The judge will most likely be sympathetic.
Challenge any exorbitant ‘add on’ costs that the debt collector tries to tack on. Request an itemized statement if they try to do this.
Ask for a copy of the original signed contract for this debt with your signature.
————————————–
As long as you are unemployed, you are judgement proof…
July 16th, 2009 at 6:51 am
Allan
You need to go and explain your situation. Tell them what you told us “I have been in default for about 3 years now, I am consolidating this credit card”. You just can’t ignore it because it will get worse.
July 17th, 2009 at 4:38 am
Cory
You need to call the attorney who is handling this and see if something can be worked out before court. If you fail to show up a default judgment will go down against you. It may or may not do any good to go to court. If you were just served, the first court date will be to set a date for a trial. You will need to come back to court for the trial. It could be several weeks. You can get with the judge or attorney to see if it can be postponed so that you can work out a payment plan. It could be postponed. If you are out of work then they might grant you some time to find a job so that you will be able to pay the debt off. You can work something out at any time before the judgment goes down against you. It will not hurt your credit as much to have a collection item as it will a judgment. If a judgment is granted then you will have a black mark against your credit and the creditor can garnshee your wages once you get a job. They can also come after your bank accounts and any personal assets. Most states should have personal property exemptions but you will likely need to file exemption papers with the court clerk.
You can contest the amount owed. The credit card company must prove the debt. You could demand that they prove the debt by asking that they produce documents that proves your debt. I am a little confused about your statement about “consoliating that credit card?” I assume that you have more cards and that you are attempting to get a loan to consolidate all of them into a single payment that you can afford?
In reality, they can most likely get a judgment if they prove their case. If you have no assets and no income then there is little they can do except to harm your credit. However, if you go back to work or accumulate any assets then they could come after them if they know about them.
July 17th, 2009 at 5:58 pm
Sherry
SlimMick has it right on the money!!
July 17th, 2009 at 9:59 pm
Linda
Contact the consolidation company you are working with and let them know you got served, and ask them how you should handle this.
Or send a certified letter to the address the letter came from and include a list of your income, your monthly bills, such as electricity, water, gas, auto, auto insurance payment etc. show how much you earn and how much all your bills are for and propose a payment amount to them, and see if they will accept your offer.
I did this for a friend and they accept her proposal, she offered them $75 per month for a balance of 6K, she finally paid it off in full. But because she didn’t ignore them and she made an offer, they didn’t sue for the full amount, or continue with any court dates.
keep copies of the letters and any thing you send them.
Good luck.