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Additional Details
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reallyfedup | What happens when you have a deliquent credit card and the attorneys are calling you? |
I am deliquent on 7 cards but only one has been harassing me since it was 2 days late. The others have just kept adding it to my bill each month. This card company called me 8 or 10 times a day from 8 am till 10 pm and even on sunday mornings. Mostly automated caling things and since I have an answering machine, they were all hang up calls. This is a card that I closed 3 years back because they just kept raising the interest although I paid my bill 2 weeks early everymonth. I made timely payments for almost 3 years but can no longer do it. They have turned it over to an attorney and I got a call sunday morning and today. I have written the credit card company and explained my situation but they have ignored it. I was sending a small payment to them but it made no difference to them and I can no longer send it anyway. I have no money for anything except rent and food, and feeding my child. I am a few weeks away from not even having rent money, so I'm in serious trouble.
Additional Details
I have no one to turn to, no friends, family is at a distance and the main reason my life fell apart and I got into this situation of not having enough money. I don't own anything, not even a car so I have no assets. They have called twice. How long will it take them to actually take me to court? This law firm is from another state. |
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candy licker
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It might not even be a lawyer who is contacting you. Collection agencies use devious tactics to scare people into paying their bills. I've had dealings with these people. Don't let them bully you. The first thing i would do is make sure that the person who is contacting you is actually an attorney. I would ask for documentation that they are from a lawyers office. If you have a letter from them trying googling the law offices name and see what you can come up with. If the people aren't really from a law office and from a credit agency report them asap to your local attorney generals office. Even if your making the smallest of smallest payment they can't take you to court. They'll try to scare you into making larger payments. I hope this helped out a bit and goodl luck.
P.S.
Try looking up your states collection laws. There is a ton of info you can get from the internet. |
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MICon
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Hang in there, you have options and things will probably work out. If at all possible get yourself an attorney right away. I realize you probably can not afford to pay one right now but check into legal aid or see if someone knows an attorney who might help without a fee. If you are represented by an attorney then they must stop contacting you and work with your attorney. Do not attempt to handle this on your own. Any debt collector, including the attorney, must follow the Fair Debt Collection Practices Act so see if you can get some information on that and make sure they follow the rules. The attorney will likely make all sorts of threats about garnishment, liens, judgments, etc. These issues are real but a ways down the road. In order to garnish they must first file a lawsuit and get a judgment and then enforce that judgment. If you receive a lawsuit make sure you timely file an 'Answer'. The Answer is a legal response to the lawsuit and makes sure your side is heard. It is hard to defend a case like this but you do not want to lose by default. With a little effort an attorney can usually settle these claims for far less than owed and maybe arrange payments. There is a website that offers some guidance on the Fair Debt Collection Practices Act, check out creditinfocenter.com for some basic guidance. Also start looking for a legal aid office in your yellow pages or call or state bar association for a referral, there is help if you seek it out. |
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candyapple58
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You need to contact your local legal aid office for advice. The next step for the lawyers will be to take you to court, where a judge will more then likely enter a garnishment order against your wages. Once this happens the other companies will soon follow. It sounds like you need to try and file for bankruptcy. |
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meangyrl21
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If it's a large amount of money you owe then they may be ready to file suit against you. First you need to call that attorney back and tell him what is going on. Try to make some type of arrangement. It doesn't matter if he is in another state. If the credit card company he is working for decides they want him to sue you, all he has to do is file the lawsuit and have it served on you by Process Server. Once you have been served, you can file a Notice of Intention to Defend and go in front of the Judge and the Attorney to make arrangements. If you do not file anything after you are served, on the Court date, Judgment will be entered against you and they can do what they like. Bank Account Garnishments, Wage Garnishments, Liens.............
In short, call that attorney. Some are lenient. Sometimes, the credit card companies do nothing once it is sent to an attorney. They just want to scare you into paying. Don't take that chance though. Call the attorney's office and speak with him or his assistant...
Ignore that idiot who answered first and all the other wrong answers. Whatever you do, DO NOT hire one of those debt consolidation companies. It's a waste of time and we have had several debtors that said they sent their payments to these companies but the companies never sent it to us. They prey on people that can't pay their bills and steeal from them. Don't trust it.
Good luck. |
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Ham Radio Freq
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Sometimes a credit card company will let you settle your debt by paying less money than what you owe. If you owe $600. they might let you give them $400 and be done with it. Also they cant bring you to court if you are making some kid of a payment each month. Like $10 each month will keep you out of the courts. |
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beauty s
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They will keep calling u till u pay them.. |
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Blunt Honesty
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Yes, they can take you to court. State laws vary on what they can actually do. In Texas, they can't do much, but in Iowa, for example, they can garnish your wages. You need to get your own advice from an attorney in your state. |
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tigercub1
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tear up all your credit cards except one. stop using them except for true emergencies. it sounds like the best thing for you to do is get one of these companies that can consolidate your bills companies involved. they will take your debt and consolidate it into one monthly apyment. credit cards are very bad. work and live paycheck to paycheck. it is better than owing out what you do not have. if you cant afford something...learn patience and wait until you can and put it on layaway. this is the only suggestion aside from bankruptcy filing that i can think of. do not go the bankruptcy route if you can avoid it. it is very bad for your credit for many,many years.see a debt counselor.and,get rid of the six credit cards that have the most interest per year. they are traps tht will keep you in bondage and debt for the rest of your life. |
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Mark
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I got into credit card debt a while back... I have since paid it off, but it took me years. The card companies most likely will not take you to court. The reason that lawyers are calling you is because they are collecting. Lawyers can act like collection agencies.
While they may not take you to court... Your credit report is getting trashed, though. Every time you miss a payment it goes on your credit report and shows how many days late you were on the payment. This stuff goes on your report whether they call you or not.
The only reason that you aren't getting calls yet from the other cards is probably because their limits aren't maxed out yet.
Go here: www.projectpayday.com ... may help you out with Xtra $$$. I don't get any commission from this site... it just works for xtra $$ for me and I hope that passing the info along will maybe help you too. |
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Andrew
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When the attorneys start calling it means you have been turned over to collections. You can either attempt to set up payment plans with them or investigate filing for bankruptcy to get a fresh start. |
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smile4cobra
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First, you need to educate yourself on your rights. Google the FDCPA that stands for Fair Debts Collection Practices Act. Read up.
They can not call you that many times a day and after 9, etc. You can give them a notice to seize and desist but that my have an adverse effect as well. They will stop calling but they can sue. Its when they stop calling that you have to worry, that means they are filing a lawsuit.
Somebody said that if its with an attorney than that means its in collections. Somewhat true but worse. If it is with an attorney it means the account is assigned to a collection agent. Attorneys work for collection agents and the collection agent has intentions to eventually sue you so they have hired the attorney.
Some agents like to wait till the last minute, others just pull triggers fast.
If you honestly cant afford to pay your bills... than you really need to file bankruptcy. It shouldnt cost you more than 1500.00 and there are attorneys that will set you up on payment plans for it. Plus you can do it yourself.
If you dont file bankruptcy an you dont pay, this will probably end up in litigation and it will cost you more to fight these accounts than to just have filed bankruptcy.
If they get their judgement...depending on the laws in your state, they can garnish your wages, levy your bank account, file liens on your property, attach assets,etc.
Judgments are good for 10 years and can be renewed once in some states so thats 20 year and more in others.
I have some people out there that can hook you up with the BKC if you want to go forward with it. Attorneys, agents, etc.
Whats the balance of this card?
If you have any questions, email me.
Good Luck |
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Noel K.
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u might get arrested for it. fraud is a serious offence |
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