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binkie | Ive been summoned to court by a credit card company for 1700.00 what should i do? |
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Angie
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Well, do you owe the money? If so, you either need to pay now, or show up in court. |
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KevinStud99
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It's surprising they'd sue for that small amount of money. You must live in a state with lousy consumer laws.
First, there is NOT going to be a warrant for your arrest issued if you don't show up -- people do not get arrested for credit card debts OR for not showing up in court when sued for them.
Second -- of course it depends on whether you really owe the money or if it's all some mistake. If they are fingering the wrong person go to court with your ID, social security card, and you show your identity doesn't match their records.
If you no-show you can expect the other side will win a judgment against you. In fact they are probably hoping exactly that happens. That could lead to several things depending on your state: possibly wage garnishment, possibly a lien on your house or property if you own any, possibly they can seize money in you bank account. (But definitely no jail time!).
** And oh yes, look up your state's Statute of Limitations (SOL) for open ended debt accounts and research when the clock starts. If you are past the SOL then the creditor does not and will never have legal recourse, and in court you simply show you are past SOL, and say that the fact that the account is "time-barred" gives you an "absolute defense".**
Otherwise if you've already been summoned and if you have any money at all, probably the easiest thing is to call them and try to settle without going to court, maybe work out a payment plan. They just want the money. Get everything in writing before you hand over any money. I'd rather part with $1700 than get stuck with a judgment that'll be on the credit report for a long time.
On the other hand if you are broke and unemployed (or live in a state like Texas where they cannot garnish wages at all), then go to trial, explain that, and you are "judgment proof". They can still GET a judgment -- but in reality there is simply no money to collect.
Of course you may want to get a lawyer, though I'm not sure that would be worth it to you or the lawyer when we're talking about $1700. |
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bryan l
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If you can come up with the money do it now, if you don't they will win judgment against you and they are not fun to have on your credit. If you can show up to court and get a payment plan set up. HOWEVER if this Debt is 4 years or older you need to do some research on this, look up SOL debt, match your state to the open ended account. Give us another question with details on the account.
last payment date
state you live in |
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Classy Granny
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Make arrangements to pay so you can avoid the court or if you can't do that you better show up for court or they could swear out a warrant for your arrest. |
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DebtFree
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call them to work out a deal... you will pay it, easy way or the hard way. |
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mycredit wealth,com
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Well it's probably half way across the country. You are not required to show and they don't expect you to show. If you are just going to loose then don't show and they will place a judgment against you. If you decide to show up make sure you are not going to loose. |
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Jesus
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plead insanity, say alien shapeshifters made you do it. Just kidding, usually credit card companies dont like going to court so i would call either them or a credit counsler and try to work something out with them. A friend of mine had the same problem and what they did was they set up a monthly payment that they directly took from your checking account every month. Filing for bankruptcy might be another option but not a good one if you would like to be able to by a car or sign a lease for an apartment later on. |
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MisterKennyM
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Pretty much just go to court, and since its not really that much, nothing is really going to happen to you. They will most likely just set up a payment plan that is court ordered so you can pay it off, and if you dont then you would go to jail since it would be court ordered. So cha.... |
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Debt Slayer
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If you fail to appear in court, the judge will issue a warrant for your arrest. Go to your hearing and bring your $1700. If you don't have the money, get as much of it as you can before going to court. |
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