View Full Version : Credit card debt
redd94965
Jan 13, 2009, 02:10 PM
I had acredit card about 6 yrs ago. I am starting to get calls as well as people who don't really know my business I told the man that I was unemployed and I didn't have the money to pay them and I was told that they will see me in court can that be done over $ 3000
Curlyben
Jan 13, 2009, 02:12 PM
Where are you located as it sounds like it may be a junk/zombie debt buyer trying their luck due to the age of the debt.
nerraw
Jan 13, 2009, 03:48 PM
Yes it can. In Fl. Anyway.
I went through the same thing. If they take you to court, you just make payment arrangements when the judge asks you if you can pay it. 20.00 month?
The attorney in court that represented the credit card co. told me that if you are never served the papers to appear in court they usually give up after a few tries. Meaning the can't find you to serve you the papers. A guy showed up in my drive way at night and asked if I was _______ when I said yes, he served me. The attorney said that's where I went wrong! I should have said who is asking and then say I was a friend housesitting! I can't believe he said that. Don't know if I would do that or not...
JudyKayTee
Jan 13, 2009, 04:39 PM
yes it can. In Fl. anyway.
I went through the same thing. If they take you to court, you just make payment arrangements when the judge asks you if you can pay it. 20.00 month?
The attorney in court that represented the credit card co. told me that if you are never served the papers to appear in court they usually give up after a few trys. Meaning the can't find you to serve you the papers. A guy showed up in my drive way at night and asked if I was _______ when I said yes, he served me. The attorney said thats where I went wrong! I should have said who is asking and then say I was a friend housesitting! I can't believe he said that. Don't know if I would do that or not...
I have no idea where you are getting your information or where your Attorney is getting his information. Substitute service exists in every State. I have no idea why you think they give up after a few tries - I actually own and operate a process service company and your experience is not mine.
A friend "housesitting" can be handed the papers.
You are posting consistenty incorrect information on various threads.
ScottGem
Jan 14, 2009, 07:27 AM
ye
I went through the same thing. If they take you to court, you just make payment arrangements when the judge asks you if you can pay it. 20.00 month?
Sorry, but that's not accurate. A judge will not make payment arrangements (though a mediator might try to help you negotiate) and paying a token amount won't help since interest can cause the balance to continually increase.
Judy covered the misinformation about service.
nerraw
Jan 18, 2009, 10:14 PM
Sorry, but that's not accurate. A judge will not make payment arrangements (though a mediator might try to help you negotiate) and paying a token amount won't help since interest can cause the balance to continually increase.
Judy covered the misinformation about service.
Judy,
This is basically what happened. I went to 1st court hearing and the judge asked what I could pay, I said $50 a month, he said that's not enough it will never be paid off,can you pay $100 a month? I said I could try to pay it. Then I went to a room with a representing attorney from the company that bought my debt and took me to court (it was written off by the original credit card co.) and he filled in the data on an agreement to pay the said amount on a monthly basis until the debt was satisfied. It was never taken as 'a token amount'. - That was all there was to it and that is why I shared myexperience with the person asking online.
I don't know how you got that from my comment.
There was no 'misinformation' given on my part. I think the person I sent it to could understand what I was saying.
Also, just for the record, My 2 replies to others where not about my question I asked.
Since then I have gone to legal aid in Fl. To get the correct info. All replies I got from this website were not correct and even confused each other reading them. Yourself & scott included.
nerraw
ScottGem
Jan 19, 2009, 07:07 AM
Since then I have gone to legal aid in Fl. to get the correct info. All replies I got from this website were not correct and even confused each other reading them. Yourself & scott included.
nerraw
Again, I ask how they were incorrect or confusing. As I see you got the same advice you got from legal aid.
As to the judge setting a payment. I suspect that what you went to was a pre-trial confernece. Many states have them and the purpose is to negotiate a settlement. Or this may have been small claims court where judges are more interested in a fair solution.
The misinformation was in relating your single experience to other situations where it might not apply.
JudyKayTee
Jan 19, 2009, 07:14 AM
I went to 1st court hearing and the judge asked what i could pay, I said $50 a month, he said thats not enough it will never be paid off,can you pay $100 a month?
Rather than turn this into a message board I have one final comment. What you have posted is, in fact, not Florida law. If anything it makes the Judge look prejudicial toward the creditor for attempting to "force" you, as the debtor, into a payment plan.
If this is correct, this is one of those matters that the Florida Bar would find very interesting.
What you have posted is most definitely NOT the law in Florida and, again, I don't think you know the difference between a Judge and an Arbitrator.
As for the rest of your post - let people read what has gone on prior to this, on the various threads, and make their own decision.