 Mortgage for Discharged Bankrupt? |
I am a discharged bankrupt (2.5 years clear now) but had the house I was buying at that time included in the bankruptcy, so it was technically re-possed and any shortfall added to the bankruptcy.
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 Court Case is Tommorrow HELP!!!!? |
| tommorrow is my court case, to sum it all up. 3 years ago, I maxed out my $3,000 Credit card. Lost my job, place, and car. Now the credit card is trying to sue me for $6,000. Obviously, the other $3,0... |
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 Is a paralegal just as safe to use as a lawyer for bankruptcy? |
| A co-worker of mine referred me to a paralegal that has helped a few of her friends and cousins get through bankruptcy. He is only going to charge me $600 (as opposed to up to $1700 with a lawer) and ... |
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 My wife secretly opened credit card accounts under my name? |
| I just recently found out my wife opened 2 credit cards under my name without telling me. She's been taken money out of those credit cards for gamble. And she didn't make payment on those ... |
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 What website can I go to to get a copy of my credit report for free with no credit cards or monthy payments du |
| I am trying to look at my credit report ot find out if my house phone provider is reporting my payments and bills to any credit bureau. I dont want to sign up for anything that requires payment. I ... |
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 How much of my credit card balance should I pay at a time? |
| I just got my first credit card. The online statement came in on Aug. 17th for $150. The due date is Sept. 12th. Since Aug. 17th, I have spent another $200. My question is, should I pay the $150 on ... |
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 Does paying late on your credit card statment effect your credit? |
| My due date is the Sept 15th I just got the bill today and Its for 500 dollars I wont have the money until Sept 19th when I will pay the full amount is this bad for my credit or will it not make a ... |
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 Question about financing a car? |
If I get a car loan for 20,000 at 9.04% for 72 months is this really bad? How much more in the end will I pay with the interest then?
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 Is Credit Debt Killing you? Do you think The Government should stop the predatory practices of some of these? |
| Lenders....... Id say that once you have paid 3 times what you originally borrowed .... then you should be out of debt. But NOT with revolving credit ...... I see way too many people being allowed to ... |
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 What is your jobb?...? |
Ook i'm nearly 16, so i dont have a full time job yet.
But what do you do? Do you like it?
x
Additional Details
Lol, i know job has only one b, i needed to ... |
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 What are my chances of getting a private student loan or a mortgage with these scores.? |
TRANSUNION 622
EXPERIAN 554
EQUIFAX 593
between my two jobs i make about 2500 a month. no big obligations except a rent of 674 per month.... |
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 Are children responsible for parents debt? |
Additional Details
My parents have fallen into great debt, as they always have been. I have put myself through university, and have been working since I was 12, to pay for clothes, ... |
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 I see that about £6000 has been taken out of my bank account in an act of fraud- what should I do? |
This has happened before with this bank so I'm thinking of switching banks.
I stupidly did follow an email and fill in all my details which (in retrospect) probably was the cause- can ... |
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 I don't know what to do about my credit card... pls help..? |
I have one credit card and no other "bad" debt. I have a mortgage, 2 paid off cars and such... my credit has been great.
Last yr my 2 children had a combined 7 surgeries and ... |
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 If I ask collections to remove an item from my credit after it is paid in full, legally can they do that? |
| I was told "you should negotiate that any payment you make will not just be "settlement in full", but that they agree to completely remove the collection from your credit report."<... |
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 My cell phone bill and harrassing collection agency? |
| Ok, i have a cell phone bill from 2005 that i have not paid, and it's not because iam not responsible, it's because i feel this company had been ripping me off, everytime i got my bill and ... |
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serialmom12 | I got served a summons for an old credit card bill, do I have to appear in court for this? |
I didn't think that credit card companies could do this. It's been like 4-5 years since I've seen or heard anything about this account. I disputed the charges years ago on my credit report. I don't want to take a day off from work for this nonsense unless not showing up will put a warrant out for my arrest.
Lawyers advice is appreciated!!!
Additional Details
PS I live in Florida, and have put a credit freeze and an Identity Theft flag on all 3 of the credit report bureaus month's ago due to an address that I never lived at appearing on all 3 credit reports. |
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foolhardly
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If you (or your attorney in your stead) fail to appear, the plaintiff will likely be awarded a summary judgment against you for the disputed debt plus attorney & court fees.
Bench warrants are usually reserved for criminal cases or blantent disrespect for the civil court. |
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heyhey
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If it is a court summons...you have to go....if you dont....yes there will be a warrant... |
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JAG
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I'm in FL, and the same thing happened to me, and I didn't show up, they file a judgment on my credit file, and they garnished my paycheck taking 25% of every paycheck, my friend told me they usually put you in a conference call with the credit card company/collection agency and work out a payment plan, you don't go in front of a judge or anything like that, this is your last chance to discuss this matter, you might be able to ask for a settlement offer right there (depending on how much you owe and if you can afford a one time payment deal). my advise is go!!!!!! |
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hotvw1914cc
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In N.C. if its a small claims court, if you don't appear they automaticly enter a judgement against you. but no warrants served |
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civpro1
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It is going to depend on the state in which you live.
The summons should explain whether you have to appear or file an answer. Failure to do either will result in a default judgment being taken against you.
A warrant will not be issued for your arrest, there is no crime in not paying bills and you can not be jailed for not paying debts. (except taxes or something like that)
Depending on which state you live in, you may have a statute of limitations defense. There are several websites which give the SOL for whatever state you live. Disputing the charges on your credit report is not the same as disputing charges with the creditor. Most terms and conditions that apply to credit card require that you dispute, in writing, any unauthorized charges or activity within 60 days of the credit card statement date on which they appear. If you do not, then according to the Truth in Lending Act (TILA) the creditor may assume it is accurate.
Since you dispute owing the money, I would suggest either hiring an attorney prior to the court date/answer date to defend you. If there isn't enough time, then appear and ask for a continuance to hire counsel.
Either way good luck |
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SlimMick
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NEVER ignore a court date...You'll get a default judgment against you.
I'd strongly recommend filing for a "Motion for Continuance," which is a fancy word for "postpone." I'd recommend going to the court and telling them that you will not be prepared by the appointed time at that you are requesting a Motion for Continuance. The worst that can happen is that they would say no....
Be very careful with any written communication about this situation. Always refer to this debt as "alleged debt." Do not go into detail about this debt in writing as the other side could use your own words against you as an admission that that you owe this amount.....Again, just state "alleged debt."
From your posting it's hard to tell if this debt is outside the statue of limitations. FYI: There is a new breed of predatory collection agencies that buy old defaulted debt which is outside of statue of limitations, then tamper with the dates on your credit report to make the debt look like it's recent. Another favorite trick of theirs is to post a bogus payment on your credit file to re-start the statue of limitations. Either of these tricks enables them to attempt to get a judgment against you.
Again, I can't tell if these factors apply to you from your posting....If they do you need to aggressively fight back.
If the above-stated factors apply to you, I've posted a website address below with the some information. |
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stephenweinstein
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1. Credit reports and lawsuits are two different things, with different procedures and time frames. Removing something from a credit report does not bar a lawsuit for the same debt.
2. If the bill was more than a certain number of years old (the depends on the state) when the suit was filed, then you can have the judge dismiss the suit based on the statute of limitations. However, you cannot just ignore the summons; you have to go to court, have a lawyer go, or make some other arrangement (the court may, for example, agree to let you appear by telephone, but that it unlikely).
3. Warrants are normally issued only when a person is charged with an offense by the government, not in civil suits between non-governmental parties.
4. In civil cases, if you do not appear when the summons says (or obtain a postponement from the court, in advance), you generally lose automatically. This is called a "default judgment". That means that you have to pay the money, even if you would have won if you had appeared. |
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OC1999
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They will not arrest you for not showing up. However, the credit card company will get a default judgement. Once that happens you will need to pay off the judgement. Going back after this happens and trying to get it reserved is next to impossible. So it is in your best interest to get this taken care of now. If you are required to file a response to the summons be sure to do that in the time required. Just as not going to court will get a default judgement, not filing the correct paperwork could do the same thing.
You said that it has been 4-5 years. You need to be sure of the time as this can make a big difference. There is something called the Statute of Limitations. This is the period of time they have to file a suit against you in court. This time starts from the time of the last delinquncy. In Florida the SOL is 4 years. So if you are required to file a response do not admit to the debt. Instead request that they provide proof that they are still in the Statute of Limitations. This would include things such as the detailed payment history. If they can not provide proof that they are still in the SOL the court will dismiss the case.
Now, not sure what the fact you have a credit freeze has to do with this account. Unless you are claiming that the account you are being sued for is not yours. In that case in your answer/court date you need to also request that they provide proof that it is your account. This proof will include the original signed credit agreement/application. |
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Horace P
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ciao |
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dday22
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i have to go to court for a credit card summons. I thought i had and attorney i talked to online but i found out he is in southern, ca. can i ask for an continuance to find another attorney |
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