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piscesski | I've been subpoenaed for $2000 credit card debt, what's the recourse if I don't go? |
About 12 years ago, I had 10 credit cards. Through various debt consolidation agencies and extra cash, I paid off most of them. 3 of them I left flapping in the wind because those particular companies kept tacking on exorbitant fees, and the balance rose to double and triple my original credit limit. I haven't touched any of them since 2002. Of course I've received infrequent letters and so forth, but I don't read them because I figure the statue of limitations is up (or close to being up)- although somehow I think they try to change it on my credit report to make my last contact date much closer to now than it actually is. Also, the credit cards were opened in NV, I last paid in MA, but now I live in CA. I don't know where the SOL would be.
Unfortunately, one of them has decided to subpoena me for an outstanding debt of $2000. It may not seem like a lot and I suppose some say I should just pay it, but I don't want to reactivate it on my credit report and have a negative mark for another 7 years. Frankly, with our country in such a financial crisis, I do not want to give money to a bank that may or may not have put us in this mess.
Incidentally, they didn't actually serve the papers to me, but to a relative at my last address. No one signed for it or anything. Should I ignore it? Send it back as "not at this address"? I don't think after this long they have much recourse, but I think the other outstanding credit cards are getting antsy again.
Any help would be greatly appreciated.
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Peilthetraveler
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YOU SAID "Frankly, with our country in such a financial crisis, I do not want to give money to a bank that may or may not have put us in this mess"
It's people like you that don't pay their debts that put us in this mess...not the banks. You got something for that 2000 dollars, you should pay it. I pay my bills & my mortgage on time and now I'm paying higher gas prices, higher interest rates, higher everything because YOU dont want to pay your bills. Its not fair for the rest of us who pay our debts to carry people like you. I say pay it so you can at least say you are someone that pays your bills and that you are not responsible for the financial crisis. If you dont pay it, then you ARE one of those dishonorable scumbags.
Make your choice now.
Honorable citizen or scumbag that doesnt pay their bills. |
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Worldly25
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The banks did not put us in this mess, Deadbeats such as yourself have.
Ignoring the subpoena will have dire consequences. The judgment will go against you. To the 2k add court costs and collections fees. Your bank accounts will be attached and if necessary your salary will be garnisheed. Your credit history is already reactivated by the subpoena. Pay your debts |
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Miss Mary
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Please visit http://www.howtoansweracreditcarddebtlawsuit.com where you can read about all the scary things that these creditors can do in the case of a default judgement which is exactly what will happen if you don't respond within the time-frame listed on your subpeona. The WORST thing you can do is to ignore it! You should answer their complaint, file the proper paperwork (i used the "answer" template at http://www.ihavebeenserved.info) and at the very best case scenario they will drop the lawsuit because it takes them alot of time and effort to actually commence a lawsuit (most debtors never respond and grant them the default judgement.) or you'll have a chance to argue your case in front of a judge or mediator and get some kind of payment plan or reduced settlement. Good luck and don't let the other posters on here make you feel bad, we've all made financial mistakes in the past and these credit companies do not play fair AT ALL. Just be sure to get on top of this situation now because a judgement will be horrible on your credit report...and, oh yay....the collection agencies are notorious for "re-aging" the date of last activity (DOLA) on credit reports to lengthen the statutes. You'd be best served to dig up as much old paperwork as you can to prove they re-aged..that would help alot in court and you can actually counter-sue (I wouldn't actually want to mess w/ it but you can threaten) for each infraction against the Fair Debt Collection Practices Act for $1,000. |
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coleblondehead
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To my opinion I think you were improperly served, but since you know
already, show up in cort, you do have a chance to explain kyour case
to the judge, if you dont have a home, assets to cover the debt the
judge will ask how much you can pay, if also youre not worki9ng,
the amount to pay will probably be very low. now if the rest of the
cards are almost up, dont call them or bother them, wait the SOL is
up, just focus on the one that is suing you, but my advice is dont get
any more credit cards, save up and buy what you need, if you cant
afford it, dont buy it, thats why US is in such a mess right now
giving loans, money that people didnt deserve or didnt qualify for. |
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Anselmo M
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OK check it out,
What Court are they suing you in? Nevada court? The statue in Nevada is 6 years, so by now that debt is either past the SOL or almost near the SOL. Either way you need to file an answer saying that this account is barred due to the statute of limitations. I find it odd that they are suing you right now, so most likely a recent debt purchaser bought it and decided a judgment would be a good idea. If you file an answer with the statue of limitations expired as one of your affirmative defenses your going to get the case dismissed, its almost guaranteed.
If you decide to do nothing they will win a default judgment, complicating things alot more. You DO NOT have to be personally served, you can be "sub-served' which you were. This is allowed in the courts of California. |
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ibu guru
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The papers were served on a relative and you know about it. That company is taking you to court. If you don't pay off before the court date, and don't show up at court, the judge will issue a default judgment against you. You have to pay the full amount (too late to protest any excessive or illegal charges by the credit company), plus court costs, plus the company's legal fees, plus interest. The company then has the legal right to attach any of your assets: your home, bank accounts, garnish wages, or anything else you own. If you have a job, they can find you! Basically, they will track you down and take everything you own.
BTW, chances are that $2000 will cost you at least $4000-6000. |
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echo
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I agree with several of the other posters, though where you opened the card has no bearing on where you can be sued.
If you defaulted in MA and now live in CA they cannot sue you in NV.
Also, never pay for information on websites that you can find for free by either going to websites that offer the same (or even more) information for free or by going to your local library, or local law library, and reading the NOLO Press Books.
You need to answer the summons within the time allowed or they will get an automatic default judgment against you, which will end up on your credit report for many years to come.
If you were served in MA you can request that the case be moved to a CA court in the county you currently live in.
The collecting SOL in MA is 6 years from the date of default.
The collecting SOL in CA is 4 years from the last payment or charge on the account before the account was charged off.
CA does have a borrowing statute. That would mean if you are still within the 6 year SOL period for MA, but it has been longer than 4 years since it was charged off, as long as you have met the residency requirements for CA then you can claim the 4 year SOL as an affirmative defense in with your answer to the summons.
As for the service of the summons, if the address where it was served is the last known address that the Plaintiff had for you, then it more than likely was proper service.
If the Plaintiff knew your current address then serving you at the previous address would be considered sewer service and that can also be used as a defense. (If, before you were served, your credit reports had been updated with your current address or they were reporting with your current address, dunning you at your current address, etc., etc.)
You might click on my profile and click on the last link I have listed to a FREE credit discussion board. Do some reading in the Newbie section first and then locate the threads discussing how to answer a lawsuit. You will also be able to find, for free, your states SOL statutes, information for the CA Penal Code, caselaw, etc.
You can also freely ask any questions you may have. |
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