By Admin on Oct 1, 2009 in Credit
hello asked:
I have read alot of detail forums and comments regarding what I can do. I have recieved a summons (civil case) for a credit card debt. From what I have read, you can response to the summons that you are defending it. From there, I can send a letter to have them provide proof that the debt (or file Discovery) is mine to the collectors. If they can not provide proof, I can get the case dismissed. Is this true?
From collection agency that bought my debt from the credit card company. Better to file bankruptcy or try to have them provide validication to the debt with documents. If all fails, then fail bankruptcy? What is the best thing to do first?
http://1mortgagecalculator.info
I have read alot of detail forums and comments regarding what I can do. I have recieved a summons (civil case) for a credit card debt. From what I have read, you can response to the summons that you are defending it. From there, I can send a letter to have them provide proof that the debt (or file Discovery) is mine to the collectors. If they can not provide proof, I can get the case dismissed. Is this true?
From collection agency that bought my debt from the credit card company. Better to file bankruptcy or try to have them provide validication to the debt with documents. If all fails, then fail bankruptcy? What is the best thing to do first?
http://1mortgagecalculator.info
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Sounds about right. But definitely respond to the summons and it might not hurt you to get a free consultation from a lawyer.
Skittles | Oct 1, 2009 | Reply
better off looking to bankruptcy as your credit is likely crap….
that stops any court cases
edit.. If you charged it.. they will be able to validate it. they have this down to a science.. but It doesn’t hurt to try to win in court.. just don’t lie and get hit with perjury… If you lose bankruptcy wipes out judgements too so.. what the hell go for it. problem is.. if you have the long 120+ day lates your credit is already pretty beat up anyway.. if the transactions are 4 years old and you have no recent lates its worth trying to salvage.. If your have been late recently and you have this.. your credit is in the toilet anyway and you will prob get a better score by bankruptcy.. as creditors generally will issue you credit again within a year after bankruptcy due to the fact you can’t declare bankruptcy again for a long time.. however with a bunch of chargeoffs and no bankruptcy.. your on the 7 year plan anyway before a bank will touch you .. maybe you’ll get some in like 5.. so its 5 years before more credit or 1 more in that case..
btw… always keep this in mind.. if your like 4 years late and (they are not taking you to court) NEVER make any offers, payments or even phone calls to the creditor as it likely resets the statute of limitations… and a old chargeoff is MUCH better then a new “paid off” on your credit report. thats because credit reports give more weight to recent status and your charge off is way back and making it new again hurts.
kunta kinte | Oct 4, 2009 | Reply
I think that is true. But you need to show up for court or they can arrest you for Failure to Appear.
Renka | Oct 7, 2009 | Reply
In order for the case to go as far as Civil Action creditors must or at least should have been sending you notices about this debt for some time. At this point it’s best to consult a lawyer or even talk to a bankruptcy lawyer to see what your options are (Not that you actually have to claim bankruptcy). Usually once it goes to civil court it very quickly gets processed and a judgment will be rendered. Good Luck.
kitkool | Oct 7, 2009 | Reply
Is it the actual credit card issuer or collection agency?
Please go immediately to budhibbs.com for advice on how to handle this, or register at creditboards. They are very helpful and will help guide you through the process.
Oh, and if you don’t show up for court, you CANNOT be arrested…they will get a default judgment against you, but not appearing on a civil case is NOT a crime. They are counting on you not to show up…99% of the time, their rent-a-lawyers have no paperwork and nothing to back up their “case”.
Sherri C | Oct 9, 2009 | Reply
You may not be arrested for a not appearing in a civil case but it also means the judge can rule against you. And why not, you did not provide a defense to the complaint.
So what should you do? Pay your damn debt!
Jbon | Oct 13, 2009 | Reply
if you can, talk to the credit card company or debt collectors to see if they will settle your payment at a lower cost or give you a payment plan. read my article on how to do all this to avoid bankruptcy if you are in debt.
Good Luck
lori v | Oct 15, 2009 | Reply