Ho do I prepare a legal answer to complaint re: credit card debt

EmilyEmlaw · #1 Nov 1, 2009, 12:08 PM

I am being sued by a credit card company for debt owed and need help completing a response I can file with the NV court. Any suggestions?

ChihuahuaMomma · Nov 1, 2009, 01:14 PM

I have pretty much the same question but it's for Wa

this8384 · Nov 9, 2009, 10:27 AM

Quote:

Originally Posted by SBurd

Thank you for your response. I live in Oklahoma City right now and the debt is from Colorado about five years ago. The debt is from Washington Mutual of 5 thousand dollars. My husband and I had excellent jobs for 10 years, he became deathly ill and was diagnosed with Stage 3 liver disease. He lost his job and we lived on credit cards just trying to survive until he could get a job. Well the job came too late because we ended up losing the house to foreclosure. I lost my job because I had to quit because the apartment job he job was five hours away.
Everything went into default and my husband filed for bankruptcy. I can not file for bankruptcy until May of 2011 because April of 2011 is when my old one falls off.
I don't want to file bankruptcy but I have no options because the 220 thousand dollars house that was foreclosed on and all the credit cards there were run up. Now with being sued and I have 34 days to write something, I am not sure what to do.
I have 17 months until I can file BK.
Please let me know if you need more information.
Thank you

If you're already planning on filing for bankruptcy, then it mya not matter if they sue you. Some judgments can be dismissed, the same way the amount you owe after the foreclosure can be dismissed.

Did your husband file for disability due to his disease?

Why didn't your husband include this debt when he filed for bankruptcy?

this8384 · Nov 9, 2009, 10:45 AM

Quote:

Originally Posted by SBurd

My husband did include this debt in his bankruptcy, I have a copy of it.
He did file for disablitity but they are coming after me, so that is why I am upside down on this. I don't know if it is possible to file when I still have 17 months to go. I have to file Chapter 7 because we barely make enough right now to survive and a Chapter 13 is paying back.

If he included it in the bankruptcy and the debt was discharged, then the creditor is violating the law by contacting you.

Contact the attorney that represented your husband in his bankruptcy case about this immediately.

this8384 · Nov 9, 2009, 11:17 AM

Quote:

Originally Posted by SBurd

Wow, Thank you so much. I will call him right now. And I can do this eventhough I did not file bankruptcy on it. We where married when he did file. Oh, my goodness this is amazing. thank you

If the debt was included and discharged, they are not allowed to try to collect on it any longer.

Like I said, contact the attorney to verify that this particular debt was discharged. If so, give the attorney the paperwork and let him/her take care of it.

this8384 · Nov 9, 2009, 02:59 PM

Quote:

Originally Posted by SBurd

That was excellent advise but unfortunately it is not going to work for me!

I did find the credit card paper and my name is on the credit card. My husband was signed on as a user. I called the old attorney who handled my husbands bankruptcy and he told me, that they can still come after me.
Any other idea? if you don't mind. I really wish it would have worked out for me...

You can call them and try to arrange a settlement outside of court; they don't necessarily have to accept.

One thing that may be on your side is the fact that the SOL in Oklahoma is only 3 years. When was the last time you used the card? When did you make the last payment? If you haven't done either of those within the last three years, then they cannot legally sue you. They'll probably still contact you, trying to collect - but they cannot legally sue you or collect on the debt unless you voluntarily make a payment and renew the SOL.