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Liz | I'm being sued by a creditor for close to $4000. What should I do??? HELP!!!!? |
I work but, don't have that much money to pay it off. Can I do a payment plan or something? I don't have any assets except for my car and I've heard of creditors being able to seize assets such as houses and cars. I'm very nervous. I don't want to ignore this lawsuit, I want to get this taken care of a.s.a.p, but I don't know where to start. PLEASE HELP!!! |
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echo
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Were you served or did the collection agency just "claim" they filed. Or is it the original creditor that is suing.
Not much info to go on with your question.
What they can do to you depends on a few things
What type of debt it is
What your states exemption laws are
If the debt is still within SOL or not and if not, if you use that defense.
If it is an unsecured debt, they can't sieze your car, home or any other asset you may have. But they may be able to place a lien on an asset
Some states allow wage garnishment, other states do not allow it.
If it is a secured debt and IF your states exemption laws allow it, they "may" be able to sieze one or more of your assets.
Credit cards are not secured debt.
If the account is past the statute of limitations for collecting, you need to include an affirmative defense of SOL with your answer. AND file a counter claim for them filing on a time barred debt.
I have a link listed in my profile that you might want to click on to check the collecting SOL in your state.
If you had not received a summons, contact your county court clerk and ask if there had been a suit filed in your name.
If no suit is filed, the collector had violated your rights.
Order your credit reports and check for any violation they are reporting. If there is a suit filed and there are violations being reported, you might include those violations in your counter claims.
If there is a suit filed, you need to answer within the time allowed, regardless if you "make a deal" with them before hand. If you make a deal with them and fail to answer the summons, they will probably go ahead and continue the case and get a default judgment against you.
If there is a suit filed and you do make a deal with them, MAKE SURE that you get a signed copy of the deal, right there, right then - then go to your county court clerks office and have it placed in your case file - DO NOT let them talk you into just letting them do that !!!! Do it yourself !!!
Then request a copy of your case file after the signed agreement is entered.
It is always better to make a deal with them "before" a judgment is entered. That way you will not have a judgment against you and also you won't have a judgment on your reports.
You should really speak with an attorney about this. Many attorneys do give a free first consult. Find one that does and speak with them - be sure the atty you call is a consumer credit atty and well versed in credit laws (FDCPA, FCRA, etc)
If you can't afford an attorney, call Legal Aid.
Take the money out of your bank account, deal in cash for awhile.
You might click on my profile and do some reading in the links I have listed and also be sure to do some reading in the last link I have listed. |
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dmvariety
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Do not ignore a lawsuit show up in court and see if you need to purse anything. As long as you keep your receipts you can pay them $5. But to get rid of this put everything in writing and see if you can negotiate a payment plan or pay-off. No assets nothing to worry about. If they have serve you with a law suit you can go to small claim court and file charges against them and list your obligations and you intend to pay, but the are harrassing you for money you do not have. Small claim has free counseling on certain days find out and take all paperwork. Do not worry about anything most of your worries never happen. Take the paper work to legal aid too. Document phone calls ask for names everytime you talk to them. The lawsuit you need to show up in court with your receipts and everything you paid. If you do not show up on the court date you will default. Just show up and let the judge tell you what is going to happen. |
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fruitcake
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Contact a pro-bono lawyer in your area. They are free. During my parents' bankruptsy, they helped us tremendously, (we were sued also) You might be able to settle over the phone with a help from a lawyer. If you really do not make enough, they won't take your car. |
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David B
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if you owe the $ the best thing to do is contact the creditor and offer to work out a payment plan. |
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Garden by M
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calm down first......if they sue you, you will know. The court will contact you and you will have a hearing. At the hearing, you will admit to guilt and get a payment plan set up. Beware that this will include court costs and fees, so expect the balance to increase considerably. In the meantime, if the lender is willing, you can avoid this and set up your own payment plan. If they do manage to get a judgement against you( in court), depending on the laws in your state, you may be forced to sell your car or have a lien on your home. Do some computer research about your state laws. |
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Joe
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Did you actually get served papers by a bailiff or did some debt collection agency say they were going to sue you? Do you have a court date? check out www.adviceontime.com for a free letter on debt validation, you can mail this letter to them and see if they can come up with all the documents you requested. if they can when you go to court you can tell the judge that you asked for this as it is your right under the FTC and civil law and that they did not comply. Dont worry just pray and do your homework first.again go to www.adviceontime.com they have a good article explaining credit. |
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Randysgirl
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They should except a payment plan, if they tell you no then send them a small payment that you can afford and if they return it wait until you go to court show the judge proof that you were attempting to repay the debt and that they returned it , then they will get in trouble for not accepting the payment! I have done this before and it works, just start sending them what ever you can afford to send and remember don't forget to show up for court this can only make things even worse, Best of Luck. |
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The Eliminator
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There are 4 ways to settle credit card debt and if you get a copy of the special report at the site listed below it will explain the pros and cons of each option.
You need to do something before a court grants a judgment against you. Once a judgment is registered against you then yes, they can garnish your wages and levy your bank accounts.
But, It will take months before this happens so you still have time. Have you been served a summons or are they just making idle threats?
Credit card companies rarely sue for such a small amount.
Check out this helpful special report: go to:
http://www.InstantDebtEliminator.com
Hopefully that will help you. |
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biscuitperifrank
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Call them, explain your situation and they should be agreeable to a payment plan. Don't wait on this. The quicker you talk to them, the easier it might be to deal with them. |
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boobunny
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Go to court and set up a payment plan. I don't think they can take your car for $4000. But most importanntly show up at court or they can levy your wages. |
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$Sun King$
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The best way to solve this problem is to find a mediator of some sort who can create a plan for you on how to pay off the debt and present that plan for agreement with the creditor.
Creditor's would far rather have a agreement like this rather than to incur the expense of going to court at which time the court will probably come to the same conclusion. You can't get blood from a stone. If you have further questions regarding this process, your best bet would be to talk to a justice of the peace. |
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354gr
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Yes they will work out a payment plan with you after the judgment. But, I don't know about before. They may. Otherwise after the judgment they can garnish wages, take tax returns etc. And, it remains for like 10 years on your report. |
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Still reading
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Don't ignore the lawsuit. In every case, this would result in a judgment against you. Once the creditor has a judgment, he can garnish your wages and/or seize your assets.
Talk to the creditor. Ask what kind of payment plan you can work out. How did you end up with a loan for $4000 if you knew you couldn't pay it off? |
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