Thursday, June 17, 2010

I being sued bymy credit card company?

I just received the summons and complaint from a Law firm, debt that I could not pay to Discover. I have no job , and The amount of the principal may be around $750. They are sued me for $2330.54. I have 21 days to file an answer with the court or take other lawful action with the court. What does that mean?



1)Should I write a letter to my creditor ( Discover..?Or the Law firm?)



2) What should I say on this letter..my offer (for instance $700 paid in full..?or something around that amount?) or shouls I say something else?



3) What are my options (I understand that if I go to court I will end up paying court fees)



I being sued bymy credit card company?





i would CALL not write the law firm and see if you can either work out a settlement agreement with you or some kind of payment plan. It is better to work with them then to ignore them. You need to get a job, any job and offer to pay them something even if it is a small amount. If they refuse this, you may have to go to court. what will likely happen is the judge will order you to get a job and then will garnish your wages. You dont go to jail etc for a case like this.If your unable to work, offer them some money monthly of however you do get income...Discover probably wont talk to you since it has been sent to a law firm. Make sure you document who you talk to, date , time etc and what the result was so you have it as proof if needed. Most companies will work with you to just get some money from you, even if its not what you originally owe,,just dont not ignore them and follow through with what you work out with them..good luck



I being sued bymy credit card company? loan



The best advice I can give you is to go to a website for consumers called creditboards.com. It has amazing advice on how to handle problems just like yours. Good luck, the people on that website have helped me a lot!|||They should have a number on the letter to contact the responsible party for the account. Call that number. If not, call the lawfirm on the letter. You will be able to speak to someone.



Believe me - they would rather get their money some way other than going to court. Explain your circumstances to them, and see what arrangement you can come to with them. They will work out a payment arrangement, or some other arrangement. It is cheaper for them to get you to pay than to take you to court. Call them.|||Call the law firm and make an offer. They probably have guidelines. However, it is doubtful that they will accept the 700.00. Dont be afraid to ask though. They dont want to go any further with this than they have to because generally they get a flat fee on these cases.



The %26quot;Answer%26quot; you need to file is not a court appearance. It is a document that responds to the complaint. It is different in every state, but basically you are going to respond by denying each and every allegation of the plaintiff%26#039;s complaint. Even if you do not do it properly, make SURE you get it filed before the time lapses. If you do not, you will be defaulted and have very little chance of settling the account.



I suggest you either talk to an attorney in your state or look up the proecedure in your state so you know some basics on answering this complaint. Let%26#039;s say you live in New York...look up %26quot;code of civil procedure, new york.%26quot; Then look under %26quot;answer%26quot; or some combination. You will find information on what you should say. Again, this is NOT a substitute for legal advice. It%26#039;s just an option. Most people who try to represent themselves find it would have been better to hire an attorney.



Calling the law firm is your best bet. Make an offer...start out at around 50% of the claimed amount. They will give you a better deal if you can come up with the money in one lump sum. If you cant, they usually will give you time to pay it...usually a year or so...but you must sign a %26quot;stipulated judgment%26quot; (stip) which says if you miss a payment, the case goes to judgment for the full amount. So dont commit to something you cant do. If they do a stip and you make payments on time, the case will be dismissed.



Good luck.|||Quit being lazy and get and keep a job. Stuff like this might not happen|||Basically, this nation does not put people in jail for inability to pay a monetary debt. But you can be sued, and a judgment rendered against you. This is not good for your credit.



You say you are unemployed: notify the credit card company of that fact, in writing, and the law firm that%26#039;s hounding you; send both certified return receipt. Keep a copy of your letter to each (you may need it in court).



Explain that you are willing to agree to some sort of payment schedule when you gain employment. Keep a copy of the letter you send (certified return receipt) to the bank card and law firms. Otherwise, you can offer no promises whatsoever, and they Can do what they want about the situation.



If you have not do so, destroy the credit card (cut into pieces) and send all but one of the pieces to the bank card company along with their copy of your letter.



Seven-Hundred-Fifty Dollars ($750.00) is a lot of money when you do not have $750.00 and no job. It does not grant you any special privilege to use a credit card, especially if you have no means to pay as promised regarding your using said card.



If you intended to never pay for the charges you put on the card, or if the evidence in the case appears to carry a lot of weight in that direction, that%26#039;s another legal matter; one a little more serious than the $750.00 debt, and one for which you need an attorney.

No comments:

Post a Comment

 


surgery on credit © 2008. Design by: Pocket Web Hosting