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    miltana's Avatar
    miltana Posts: 1, Reputation: 1
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    #1

    Jul 24, 2008, 09:20 PM
    Can I send the plaintiffs a letter
    I was served the civil citation for credit card debt of 1737.99 now I am reaching the 10 days will it be too late to send a letter explaining unable to pay at this time was laid off and daughter passed away. Will that be acceptable or will they put a warrant out for my arrest.
    farmgirlmo's Avatar
    farmgirlmo Posts: 107, Reputation: 2
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    #2

    Jul 25, 2008, 01:17 PM
    Quote Originally Posted by miltana
    i was served the civil citation for credit card debt of 1737.99 now i am reaching the 10 days will it be too late to send a letter explaining unable to pay at this time was laid off and daughter passed away. will that be acceptable or will they put a warrant out for my arrest.
    If you don't appear in court, the creditor will get a default judgment. They won't even have to prove you owe the debt or that they are legally able to collect it.

    What is your SOL? You can find that at this website -

    Statutes of limitation for delinquent debt (Page 2 of 2)

    When was the last date you made a payment?

    What state are you in?

    I am assuming the 10 days you are referring to is the time you have to respond to the filing?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Aug 4, 2008, 11:43 AM
    Quote Originally Posted by miltana
    i was served the civil citation for credit card debt of 1737.99 now i am reaching the 10 days will it be too late to send a letter explaining unable to pay at this time was laid off and daughter passed away. will that be acceptable or will they put a warrant out for my arrest.


    No, no warrant for your arrest for a debt. That is illegal.

    If you had 10 days to answer that was 10 days from the date you were served.

    Unfortunately inability to pay is not a legal reason to not pay - I would suggest (if you owe the debt, if it's within the statute for your State, if it's in the correct amount) that you allow the Judgment to be taken (because you have no defense) and then after you are notified of the Judgment you explain the circumstances and try to work out a plan.

    Once the credit has the judgment "he" has a certain number of years to collect (varies, again, by State) and will be more willing to discuss payments with you.

    (I am very sorry about your daughter - this is a terrible time to have to worry about anything but her passing.)
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