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    tammer24's Avatar
    tammer24 Posts: 6, Reputation: 1
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    #1

    Apr 29, 2006, 04:34 AM
    Credit Card Debt.. Not sure what to do
    I recevied a summons at my place of employment to apprear in court. The two credit cards I owe money to I guess are trying to collect. The plaintiff is Unifund CCR Partners, I am of course the defendant.I have tried about 10 lawyers in the last 2 weeks to contact me with the free advise I need but no one has returned my calls. I need to know if I need to go to court and if I don't what happens. I do not have any money to pay these cards off. It's not that I don't want to pay them off, I tried but they wouldn't take my money. I wasn't paying them enough I guess in the min amount due and they turned it over to collections office. I don't want to file for bankruptcy do to my current situation. I am a single mom and my x still pays for our mortgage, we both are on the deed and I plan on moving in the next 3-5 years and don't want this to be hanging over my head that I won't be able to get a loan. Bottom line, what do I do? Do I show up in court alone and state I do not have the money to pay back? Can they garnish my wages? (which like I said single mom live on my salary alone.)I don't have the money for a lawyer. In a big jam, please any advise would be appreciated!
    aqua@home's Avatar
    [email protected] Posts: 565, Reputation: 107
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    #2

    Apr 29, 2006, 08:52 AM
    A few things:
    -the government might have some options (they might have a group to help either with options or at least regulations)
    -there is probably a maximum they can garnish (it will still be too much)
    -you should show up in court by yourself if you have to, it will say something about you and they might give you more time to get your affairs in order
    -if all else fails... call Dave Ramsey on the radio or go to his website (he is GREAT! )

    I know it's not much but I hope you find something out of it
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #3

    Apr 29, 2006, 09:44 AM
    file you notice to defend, then do a disocvery about the alleged debt to the plaintiff, here are some question to ask.

    DEBT COLLECTOR DISCLOSURE STATEMENT
    This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.
    Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” (Black's Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practices Act, 15 USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12 CFR 226, and demands as cited above Disputed Debt. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following:
    1. Name of Debt Collector: ……………………………………………………………….……………………………………………...
    2. Address of Debt Collector: ……………………………………………….…………………………….. …………………………….
    3. Name of alleged Debtor: ………………………………………………………….. ………………………………………………….
    4. Address of alleged Debtor: ……………….……………………………………... …………………………………………………...
    5. Alleged Account Number: ……….. …………... ……………………………………………………………………………………...
    6. Alleged debt owed: $………………………………….…………………………………………………….. ………………………...
    7. Date alleged debt became payable: ……... …………………………….……….. …………….. ….. ……………………………….
    8. Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector?
    …………………………………………………………………………………………………………………………………… ………
    9. Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor?
    YES NO
    10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable)
    11. If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount:
    Date: …………………………………………………… Amount: $…………………………………………….. ……………………
    12. Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A
    13. If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount:
    Date: …………………………………………………… Amount: $…………………………………………….. ……………………
    14. Regarding this alleged account, Debt Collector is currently the:
    Owner; (b) Assignee; (c) Other – explain: …………………………………………………….… .
    …………………………………………………………………………………………………………………………………… ………
    15. What are the terms of the transfer of rights re this alleged account? ……….………….……….……………………………….

    16. If applicable, transfer of rights re this alleged account was executed by the following method:
    (a) Assignment; (b) Negotiation; (c) Novation; (d) Other – explain:…………………….…………………... ……………
    ... ………………………………………………………………………………………... ………………………………………
    17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A
    18. What is the nature and cause of the consideration cited in # 17 above? ………………………….……….……….. …………
    ………………………………………………………………………………………... …………………………………………………………………………………………………………………………………… ……... …………………………………………………
    19. If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value?
    YES NO N/A
    20. What is the nature and cause of any value cited in #19 above? ……………………….………………………………………...
    …………………………………………………………………………………………………………………………………… ………
    21. If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A
    22. What is the nature and cause of any consent cited in #21 above? ………………………………………………………………
    …………………………………………………………………………………………………………………………………… ………
    23. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO
    24. Date said verification cited above in # 23 was provided alleged Debtor: …………………………….………………………...
    25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO
    26. Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION
    27. Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO
    28. What is the nature and cause of any claim(s)/defense(s) re this alleged account? ……... …………………………………….
    …………………………………………………………………………………………………………………………………… ………
    29. Was alleged Debtor sold any products/services by Debt Collector? YES NO
    30. What is the nature and cause of any products/services cited above in # 29? …….……………………………………………
    …………………………………………………………………………………... ……………………………... ………………………
    31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO
    32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? ……………………………….
    …………………………………………………………………………………... ……………………………... ………………………
    33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO
    34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? …………………………………………………………………………………... ……………………………... ……………………
    35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO
    36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? …………………………………………………………………………………………………………………………………… ……
    37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO
    38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO
    39. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO
    40. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO
    41. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO
    42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO
    43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO
    44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO

    Debt Collector's failure, both intentional and otherwise, to complete/answer points “1” through “44” above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account.
    Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief.

    ____________________________________ ____________________________________
    Date Printed name of Signatory

    ____________________________________ ____________________________________
    Official Title of Signatory Authorized Signature for Debt Collector

    Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq. and which states in relevant part: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” which includes “the false representation of the character, or legal status of any debt,” and “the threat to take any action that cannot legally be taken,” all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector's claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent's receipt of Debt Collector's response.




    Recording Requested by, and
    When Recorded Return to:
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #4

    Apr 29, 2006, 04:54 PM
    Just to show you how corrupt the judicial system is read this article.

    The Arctic Beacon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #5

    Apr 29, 2006, 05:25 PM
    Of course if you have two bad debts already going to court, then your credit is ruined at this point already

    Next yes you need to go to court, if you don't they will win automatically and then merely get a garnishment of your pay ( assuming you are in the US) The garnishment will run 25 to 50 percent of your take home pay.

    So try and figure how you would live without 25 percent of your pay.


    But an attorney may not help you much, you would have to show that you don't owe the money, so if you owe the money the best you can do is figure a payment plan that the court would allow you
    tammer24's Avatar
    tammer24 Posts: 6, Reputation: 1
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    #6

    Apr 30, 2006, 10:22 AM
    Of course if you have two bad debts already going to court, then your credit is ruined at this point already

    Next yes you need to go to court, if you don't they will win automaticly and then merley get a garnishment of your pay ( assuming you are in the US) The garnishment will run 25 to 50 percent of your take home pay.

    So try and figure how you would live without 25 percent of your pay......

    See that's a problem as well. I have a take home pay of about $250.00 every week and have about $100.00 in the checking account. I barely make enough to support my two kids, so the 25-50% they might garnish will kill me! I really don't know what to do to manage if they take that that out. I could get another job but then who would take care of my kids, so I am in a big bind!

    Thanks again..
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #7

    Apr 30, 2006, 11:42 AM
    When you go to court take a list of all your expenses, show the court that you cannot live if the garnish your wages. Ask the court to forgive the debt, they may or may not do it.
    tammer24's Avatar
    tammer24 Posts: 6, Reputation: 1
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    #8

    Apr 30, 2006, 02:01 PM
    That is an idea. I wish there was a easy answer to any of this. I know I created the whole mess and it got way out of hand! I tried to fix the problem but it didn't work. I was just afraid to go to court alone and the judge look at me like I was some idiot not having a lawyer present, but again like I stated, can't even afford that:( Anyhow, again thanks for the advise.
    tammer24's Avatar
    tammer24 Posts: 6, Reputation: 1
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    #9

    Jun 3, 2006, 03:03 PM
    Ok, here is a newsflash... Went to court sat through EVERYBODY else's issues with the law, FINALLY I was up (2nd to last), well that little summons I got at work in April, NO ONE told me it had to be signed at bottom and sent back to the lawyer that is taking me to court. I sat in this court room for 3 hours and just wasted a half of my work day! They were not there, duh! Now I am forced to call this lawyer and work out a "payment schedule" with them. I showed up in court all ready to defend my actions to tell these people I couldn't live if they garnished my wages only to find out it was a wasted effort! I don't know what to do now as I had explain in my first posting about this issue I do not have the money to pay anyone! Can't afford to file Bankruptcy due to other x husband issues, so now what do I do? IF any of those "free" laywers I tried to contact when all this hit the fan would have called me back I would have known to send this slip back, I am just furious about the whole issue! Anybody with any ideas on how to handle this, please drop me a line.
    wynelle's Avatar
    wynelle Posts: 184, Reputation: 21
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    #10

    Jun 16, 2006, 07:27 PM
    Did it say on the form it had to be signed and returned?

    Is your ex-husband at least helping with child support payments?

    The ex-husband needs to be notified as to what is happening. If your debt is enough, the credit agencies could put a lien on your house, since your name is also on the deed. I don't think your ex would be too happy to lose the house *he* is paying for because of your bad debts.

    Are you entitled to any share of the proceeds when the house is sold? Would selling the house allow you to pay off your debts and start over again. Your credit rating at this point is probably so low, it will take a while to build it back up.
    infoseeker's Avatar
    infoseeker Posts: 4, Reputation: 1
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    #11

    Oct 3, 2006, 04:03 PM
    I have like 11 judgments and one of them has garnished my wages. They only are allowed 25% of my income after living expenses which isn't very much.

    I was told the others have to wait in line to get paid, which will be like 30 years.

    I think you should at least appear if you don't, they will get a defualt judgment and you will definitely loose...

    Don't know if this helps but anyway...

    Just found this site blog, keep up the good blogging.

    You guys have answered so many questions.

    Thanks much.
    BILLSBILLS's Avatar
    BILLSBILLS Posts: 1, Reputation: 1
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    #12

    Oct 30, 2007, 08:46 PM
    I Have A Hugh Credit Card Debt That Has Been Turned Over To Collections.
    It Is Not That I Do Not Want To Pay. But The Amount That They Are Asking And
    Insisting That I Pay Is Too Much. I Am A Single Mother. What Can I Do?
    microbiology's Avatar
    microbiology Posts: 7, Reputation: 1
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    #13

    Apr 19, 2008, 12:38 AM
    How how did your case end ? Do you have to pay? Did you receive a judgement?
    onecoolgreek's Avatar
    onecoolgreek Posts: 4, Reputation: 2
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    #14

    Jan 7, 2011, 05:46 PM
    Look up secured debt vrs non secured debt

    If you own a house your screw they can go after that if you rent and own nothing they have nothing and they will look at your credit report and know if you own a house threw mortgage and that is private info but you signed away for that right when you use there credit cards
    onecoolgreek's Avatar
    onecoolgreek Posts: 4, Reputation: 2
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    #15

    Jan 7, 2011, 05:50 PM
    Comment on BILLSBILLS's post
    Just let it slide if you own a house you have secured debt vrs non secured debt I personnally wouldn't worry if you rent a place but if you have a house it's worth it for them to go and put a lean on it when you sell it they will get there money

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