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    mysticstone's Avatar
    mysticstone Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 1, 2007, 03:02 PM
    Judgment possibilities on credit card debt?
    Hello,

    I lost my job several years ago, had some medical issues and stopped making my credit card payments and have not as yet been able to catch up on my debts. I am being sued by a credit card company for $1400 not a lot of money, but much more than I have. I have a summons to appear in court next week. I tried working out a payment plan with the credit card company but they wanted more than I could afford. I had a credit counseling company talk to them also, but still they wanted more than I can afford monthly.

    I own a home but I do not know if they will know that, as my name was just put on the refinance loan in November of 2006. I was not on the mortgage until then as my husband owned the home before we were married. We nearly lost the home this year to foreclosure, but were able to save it at the last minute via refinancing with a hard money loan.

    I do have one vehicle in my name. My vehicle is worth maybe 2 thousand, and I still owe 3 thousand to the lender [payments are current but not paid by me]

    Those are my only 2 assets.

    I have no income.

    I have validated the loan by trying to work thing out, so there will be no denying the debt is mine by asking them to validate it, and it is my debt so I would not lie about that.

    I know they will win their judgment, so I see no point in driving for 2 hours to show up at the court date.

    Here are my questions:

    1-There is no money in my checking account and I do not have a savings account. I know they can freeze my checking account, but how will they know where I bank, as I have switched banks since making any payments to them?

    2-Can they put a lien on the vehicle?

    3-Can they put a lien on my home?

    4-Which of the 3 [lean on car, lien on home, or freeze checking account] would be the most likely outcome?

    Thank you
    mysticstone's Avatar
    mysticstone Posts: 2, Reputation: 1
    New Member
     
    #2

    Feb 1, 2007, 03:06 PM
    PS: I live in Illinois
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 1, 2007, 03:31 PM
    Ok, show up, show the evidence where you tried to work with them, the offers you made and even the info on the credit counseling. The judge could decide that you have really tried to work with them and send them out in the hall to try and work out a payment plan.

    So worst happens you have a judgement.

    Next on the checking account, somehow they watch and know when you make a deposit, so if you deposit 300 dolars but have 300 in checks written, guess what they freeze that 300 and all your checks bounce, bad news day for sure, so close all of those accounts in your name and only have accounds in husband name ( as long as he is not joint on those accounts)

    Next do you work, they would much rather have a garnishment from your pay check.

    They will almost always go after job and bank accounts first,

    In some states they can put a lien on a home, but only get their money normally if and when you sell the home, so this is about the last thing they want to do. ( this is in general laws vary by state) not up 100 percent on yours
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #4

    Feb 1, 2007, 04:50 PM
    When you go court demand to see the original contract you sign, not a copy, they must have it to proceed. Deny all until they produce the original only.

    Even if you owe the money, deny all. No contract, no claim.

    You have the right to due process even if you do owe the money. They have to produce the original this is the proper procedure in court for them to validicate their claim against you. Procedure in court is the key.

    Do settle for anything less then the original contract.
    ckinganswers's Avatar
    ckinganswers Posts: 9, Reputation: 0
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    #5

    Feb 1, 2007, 09:36 PM
    Fr Church said:
    Next on the checking account, somehow they watch and know when you make a deposit, so if you deposit 300 dolars but have 300 in checks written, guess what they freeze that 300 and all your checks bounce, bad news day for sure, so close all of those accounts in your name and only have accounds in husband name

    THis is just so very Twighlight Zone, or am I really naïve?? How can "they" "SEE" your financial and banking information. Can *you* go on line and view my banking information? I mean what privacy is there?

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