I received a summons to court on June 18th for a deliquent credit card debt in the amount of $2800+. I enjoy called the statute firm I am dealing with and asked them what amount I could settle beside them out of court. The first call, I be told $2900+. I called again, and in a minute the law firm desires $3200+? Can they legally do that? I contemplate the collection agency only considered necessary about $600 after subtracting postponed fees and interest charges. I tried to file ruin a little over 2 years ago, but the pro bono attorney at Legal Aid told me a short time ago to pay my important bills and forget about my credit cards if I didn't own the money, which I did! I am on SS Disability, so I know they can't touch that. But I do own a mobile home that they could put a lien on. And I guess they could take my inoperable Mustang, but would own to leave me near my van for transportation, I think? Any direction?
Answers: You "need" to file an answer to the summons so they do not procure an automatic default taste against you.
You are correct that they cannot garnish SSDI. They also cannot requisition your assets such as your home or car. They may know how to place liens on your home, or car, and attain paid if you flog while the judgment is still involved.
I don't know what state you lived in when you default, but going by the two states listed surrounded by your profile - both states have a 3 year collecting SOL.
If you default 3+ years ago then you requirement to include an affirmative defense of SOL in next to your answer.
The state you listed that you are living contained by now also have a borrowing statute, where if you have lived in a state next to a shorter SOL when you defaulted, consequently you are past the SOL contained by the state you say you are living surrounded by now.
Without knowing for sure which state you default in and what state you are living surrounded by, it makes it a bit difficult to post the states statutes for you but I've referenced the TILA below:
The Federal Law - TILA (Truth In Lending Act) places credit cards as enlarge accounts. (note § 101, § 102 and § 103)
http://www.fdic.gov/regulations/laws/rul...
TILA open statement caselaw (HOUSEHOLD CREDIT SERVICES, INC. V. PFENNIG):
http://www.statute.cornell.edu/supct/html/02...
You might click on the last relation I have planned in my profile to a free credit discussion board and do some reading or post your request for information in the Credit Forum. It's a totally free site to read, use the info posted on it and to ask question.
Way, fess up! You're a collection agent, aren't you? This is the same type of counsel they give.
For starters, what If they are demanding $3200 they aren't settling, they are simply demanding the full thing to preserve it out of court. Big deal!
Start by sending this guy a emergency to validate the debt, and explain exactly what you owe and how they arrived at that amount.
I just this minute helped someone beside a $1000 debt that suddenly turned into a $11,800 debt. They were trying to charge this as collection fees and attorney/court costs. He wouldn't substantiate it, and sued this guy. In court, we filed for disclosure and FDCA violation. The idiot attorney didn't have any excuse for the huge attorney fees, so those get excused. He hit them with penalty and by the time it was over, they owed him $2500.
Don't hold your breath thinking you will carry this sort of break..but you do need to acquire this validated.
Then remind the attorney that you own no income, barely any property, and they can any take $600 or nil at all.
It sounds resembling they put the cc bill out to debt collection- who charge the company for their services- this is their additional charge- this is completely allowed, based on what i'm audible range (that you got unpromising advice from you permissible aid lawyer, that the bill must enjoy been unpaid and maybe the company avoided on the phone for some time?) you will likely lose a court warfare i suggest you work out a payment plan next to them and live basic for a few months whilst you income it off.
Sit on answers :) we'll be here :)
I didn't realise how extreme your situation be, i simply thought this was a armour of a bad credit card debt, but it seem like you've be hit with an complaint that has financially crippled you and moved out you in this state. It's an beyond doubt appaling situation mate.
I'm in australia and you'd never be surrounded by this position here with public healthcare and a clothed welfare system (foodstamps have be unheard of since WW2)- theres no way within the world you'd be living in a mobile home. I sincerely decision i was more used to with the american official system, but unfortunately i hold no advice. I'd suggest reposing the cross-examine a few times and see if you can get a legal representative on Answers to enlighten you a bit as to what you can do within your situation- i know you are by no means alone within your situation in the states.
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Answers: You "need" to file an answer to the summons so they do not procure an automatic default taste against you.
You are correct that they cannot garnish SSDI. They also cannot requisition your assets such as your home or car. They may know how to place liens on your home, or car, and attain paid if you flog while the judgment is still involved.
I don't know what state you lived in when you default, but going by the two states listed surrounded by your profile - both states have a 3 year collecting SOL.
If you default 3+ years ago then you requirement to include an affirmative defense of SOL in next to your answer.
The state you listed that you are living contained by now also have a borrowing statute, where if you have lived in a state next to a shorter SOL when you defaulted, consequently you are past the SOL contained by the state you say you are living surrounded by now.
Without knowing for sure which state you default in and what state you are living surrounded by, it makes it a bit difficult to post the states statutes for you but I've referenced the TILA below:
The Federal Law - TILA (Truth In Lending Act) places credit cards as enlarge accounts. (note § 101, § 102 and § 103)
http://www.fdic.gov/regulations/laws/rul...
TILA open statement caselaw (HOUSEHOLD CREDIT SERVICES, INC. V. PFENNIG):
http://www.statute.cornell.edu/supct/html/02...
You might click on the last relation I have planned in my profile to a free credit discussion board and do some reading or post your request for information in the Credit Forum. It's a totally free site to read, use the info posted on it and to ask question.
Looking up your own report, affects your credit rack up?
Way, fess up! You're a collection agent, aren't you? This is the same type of counsel they give.
For starters, what If they are demanding $3200 they aren't settling, they are simply demanding the full thing to preserve it out of court. Big deal!
Start by sending this guy a emergency to validate the debt, and explain exactly what you owe and how they arrived at that amount.
I just this minute helped someone beside a $1000 debt that suddenly turned into a $11,800 debt. They were trying to charge this as collection fees and attorney/court costs. He wouldn't substantiate it, and sued this guy. In court, we filed for disclosure and FDCA violation. The idiot attorney didn't have any excuse for the huge attorney fees, so those get excused. He hit them with penalty and by the time it was over, they owed him $2500.
Don't hold your breath thinking you will carry this sort of break..but you do need to acquire this validated.
Then remind the attorney that you own no income, barely any property, and they can any take $600 or nil at all.
Do they bequeath you a restraint on a Walmart Credit card?
It sounds resembling they put the cc bill out to debt collection- who charge the company for their services- this is their additional charge- this is completely allowed, based on what i'm audible range (that you got unpromising advice from you permissible aid lawyer, that the bill must enjoy been unpaid and maybe the company avoided on the phone for some time?) you will likely lose a court warfare i suggest you work out a payment plan next to them and live basic for a few months whilst you income it off.
Sit on answers :) we'll be here :)
I didn't realise how extreme your situation be, i simply thought this was a armour of a bad credit card debt, but it seem like you've be hit with an complaint that has financially crippled you and moved out you in this state. It's an beyond doubt appaling situation mate.
I'm in australia and you'd never be surrounded by this position here with public healthcare and a clothed welfare system (foodstamps have be unheard of since WW2)- theres no way within the world you'd be living in a mobile home. I sincerely decision i was more used to with the american official system, but unfortunately i hold no advice. I'd suggest reposing the cross-examine a few times and see if you can get a legal representative on Answers to enlighten you a bit as to what you can do within your situation- i know you are by no means alone within your situation in the states.
Resolved Questions: