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Fugee M | Help, Being sued for credit card debt? |
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? |
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Grandpa
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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 |
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buddy's pal
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They are doing this to get your attention. Call the number that is on the letter and make a monthly payment arrangement.I am sure that they will be willing to work with you. Getting some money will be better than none. Also the more that you avoid them the more interest they will keep adding. Best to handle it now. Good Luck! |
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zoey1176
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Did you receive the letter in the mail of was it delivered to your door. If through the mail they are trying to scare you. If someone delivered it to you, then yes they can sue you. If you have alot of outstanding debt then file bankrupt chapter 7 and it will clear your name. |
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Jill B
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They can and will sue you. I would suggest calling them and working out a deal, in my personal experience with them, I was able to pay them about 1/2-2/3 of what I owed them by settling with them. (I had a yard sell and worked extra hours to earn the money) I also then, called the other credit companies i owed and worked out a payment plan i could deal with, before i got more ugly letters. If you need some more help getting out of debt try looking here http://www.daveramsey.com/ you can probably get some letters to help stop some of the collection calls and letters till you can pay off the debt. |
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Etta P
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They will file a civil suit, which could result in a judgment. Depending on the laws from the state you reside they may garnish your wages or assets or property. |
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diana a
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they should contact the attorney who is handling the law suit for Bank of America and try to work out a consent judgment, with a stay that involves a payment plan.
If they don't believe they owe the debt, then an attorney is probably the only realistic recourse.
If would like to avoid a judgment all together, then either a lump-sum settlement would have to be paid, or if you live in a state that has an alternative dispute resolution process (such as Missouri under Rule 17), then that might be an option also, where they could pay it over time, and only if they fail to make the payments then a judgment is entered.
Good luck, but the quickest way to wrap it up is to settle
--------------------------------------...
http://www.bestcreditrates.net |
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kckid2
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They are threatening you at this juncture, giving you the chance to redeem yourself.
Call me crazy, but if you owe the money, why not pay it.
That's how things are done in the US. What country (planet?) are you from? |
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TheOtherOne
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You'd be best off talking to a lawyer in whatever state the letter came from. But yeah, if you just ignore this, they probably will file suit eventually. In the meantime, they're trashing your credit record by reporting your delinquency.
If it goes to trial, they'll show it's your debt and then they'll have a judgment against you. They can then garnish your wages, or seize your car or any belongings you have to get their money.
If it's NOT your debt, then say so in writing. If it is, then pay it if you can. If you can't, talk to a bankruptcy attorney. |
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