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    909dot's Avatar
    909dot Posts: 6, Reputation: 1
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    #1

    Mar 6, 2009, 08:45 PM
    Being sued for credit card debt by law firm representing credit card company
    Well, its happened. I have received a summons for a credit card debt by law firm. I have to go to the county court house to talk with the clerk... (not sure what will happen,never been sued before)If I don't go within 20 days, they say they will start proceedings to garnishing my wages. I do owe the debt and want to pay it, but my hrs have recently been cut and I just don't have the money... I can't afford the 2400.00 total... is there anything to be done? Should I contact the law firm? I hate being in this position... but the times are so bad... any help would be greatly appreciated... :(
    jimmyneg's Avatar
    jimmyneg Posts: 2, Reputation: 1
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    #2

    Mar 12, 2009, 01:14 PM
    In the state of New York if you make less than $214 a week they can't touch you, more than that it's %10. Check your state laws. Right now I am trying to find out if they can touch my pension and social security check. Hope this helps. Jimmyneg
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #3

    Mar 12, 2009, 03:45 PM
    File notice of intent to defend with the court, send the plaintiff a copy also. You can request documents by discovery with the plaintiff, Demand they produce the original contract you signed. Request complete account of the alleged debt, etc.
    909dot's Avatar
    909dot Posts: 6, Reputation: 1
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    #4

    Mar 12, 2009, 05:55 PM
    Quote Originally Posted by jimmyneg View Post
    In the state of New York if you make less than $214 a week they can't touch you, more than that it's %10. Check your state laws. Right now I am trying to find out if they can touch my pension and social security check. Hope this helps. Jimmyneg
    Thanks so much for your answer. Are you sure its only 10% in NY? I also get paid every 2 weeks, but make just about that much.
    sbbradford1984's Avatar
    sbbradford1984 Posts: 4, Reputation: 1
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    #5

    Mar 17, 2009, 02:34 PM

    mr. yet I'm just curious what state you live in, and can I have your email address? You sure do know a lot, and I have some questions about my credit card debt. Thanks sheila..
    [email protected]
    sotnas's Avatar
    sotnas Posts: 1, Reputation: 1
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    #6

    Feb 19, 2010, 09:15 AM
    I live in the state of Idaho and am being sued by an attorney. I owe the sears credit card but I became disabled and am living on about 600 dollars a month. They asked for my living espenses and a letter stating my status. I sent that and now they want me to fill out another paper with the same information plus my bank statements for the last 3 months. Do I have to do this? Can they go after my ssi\disability? I don't want to give my bank information. I also have a son with Autisim who I care for. What are my options? Thanks in advance for your answers.
    MissLissy's Avatar
    MissLissy Posts: 3, Reputation: 0
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    #7

    Jun 27, 2010, 04:06 PM

    You should search this site under demand strict proof. There was some valuable legal info posted in 2008. Some times law firms take over debt from another company and pursue means of collection that are a violation of your rights. If you demand strict proof you will find they probably do not have the full account number, exact debt owed with proof of transactions, or the original signed contract with Sears. Thus, the judge will dismiss the case because the plaintiff bares the burden of proof. Admit nothing. Sign nothing. Agree to nothing with the attornies. They will try to get you to sign an agreement with them and even sign for garnished wages and them seek prosecution with those documents.
    novy1's Avatar
    novy1 Posts: 1, Reputation: 1
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    #8

    Sep 9, 2010, 03:33 PM
    Quote Originally Posted by mr.yet View Post
    File notice of intent to defend with the court, send the plaintiff a copy also. You can request documents by discovery with the plaintiff, Demand they produce the original contract you signed. Request complete account of the alleged debt, etc.

    Mr.yet, or anyone
    I have a question... when making a motion for discovery
    What would be the reason(s) given on form
    For asking for original contract you signed etc...
    Standing?. Proof of Debt??
    I going to make a motion for discovery,,
    But I also must tell the court my reason... can you please help
    Thanks !
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