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    JBURGOS's Avatar
    JBURGOS Posts: 4, Reputation: 1
    New Member

    Oct 12, 2006, 06:43 PM
    Sued Credit Card Debt
    Hey I received I guess you would call it a credit card judgement for a debt I owe of $1700. Plus $ 750.00 Attorney fee for them , I guess... I have a 4 yr old, 5 month old, pregnant again with #3, and unemployed. Just recently got laid off from my previous job of 8 yrs. My husband is the only worker and head of household. However, this is MY Credit Card Debt under my name only. I know that I have to go to the pretrial, but what is going to happen or what can I do.. We ( I ) don't have the money to pay them back... I did in fact however, went to a debt counseling service and added my debts with them.. But the one that is suing me , declined my claim (settlement).. Which I saw that it would have been the best for us and the collector to pay off this debt... Now they are suing me... I still don't have the money.. That was our only way out, safely... What do I do? How do I handle this... I live in FLORIDA... :o I don't want to have to claim Chapter 7 just for me not to get sued...

    Please someone help me figure something out!!
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Oct 13, 2006, 03:44 AM
    My you husband open a banking account in his name only, they will attach anything with you name on it.
    JBURGOS's Avatar
    JBURGOS Posts: 4, Reputation: 1
    New Member

    Oct 13, 2006, 06:26 AM
    We both have separate accounts!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Oct 13, 2006, 06:31 AM
    You owe the debt. The only way to get it discharged is to declare bankruptcy. If you don't, you can try to negotiate with the creditor, but it sounds like you can't pay anything. If so, that won't work. So you will get sued, they will obtain a judgement and they will use it to attach any assets you have.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    Oct 13, 2006, 06:48 AM
    Hello J:

    I've been sued, screwed and tattooed - and lived to tell about it. You will to. Relax. It ain't no big deal to be sued.

    If they didn't take your settlement offer THEN, they surly might take it now - or next week, or next year. What I'm saying is, it ain't over, till it's over, and this is a long way from being over.

    Plus, you CAN'T file for chapter 7, and I wouldn't even if I could. Why? The only reason you file for bk is to SAVE some of your assets. Uhhh, what assets do you have??

    So, you're judgment proof! That's better than being bankrupt, and you didn't have to file a thing. Take that last step that Mr. Yet suggested. Close your account and use your husbands. It's a GOOD thing that you have separate accounts.

    Frankly, when you're judgment proof, you're in the driver's seat in terms of negotiating with your creditors. They get what you offer - or they get nothing.

    So, get yourself out of your jam. Then you can resurrect your life. And, you won't have a bankruptcy on your credit record.

    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Oct 13, 2006, 08:49 AM
    I will agree with excon, back in the day, I had some of the best come after me for money, wait till those amount have a lot more 00000 after them and you can see mean and lying collection people.

    First some game rules, collection people lie, the bigger the lie the better, they will try to scare you that they will take your house, your car, lock you up in jail and worst.

    So they sue you, I have been sued, excon has been sued and all it means is that the court agrees you owe the money, heck I could have told them that.
    Now they can attach your bank accounts, and garnish you pay, If you isn't working ( or if you own your own business) there is nothing they can do.
    If you don't have a bank account in your name there is nothing they can do.

    So you write them and inform them not to call you any more, ( stops a lot of those phone calls) and if they sell it, you tell them not to call you.

    You don't even agree on the phone that you even owe the debt. ( the Statue of limitation often runs from date of last action, so the last time you agree you owe the debt or pay on it, is the date used.

    Let them send you lots of silly papers.

    Now latter if and when you start back to work, they can garnish you pay, just expect that to be able to happen.

    So take a deep breath and remember there are most likley 15 or more cases just like yours being heard that same day in court,
    JBURGOS's Avatar
    JBURGOS Posts: 4, Reputation: 1
    New Member

    Oct 13, 2006, 11:23 AM
    Thanks Everyone for your advise...
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member

    Oct 14, 2006, 09:21 PM
    Actually, claiming Chapter 7 may be your only way out. The only other possible option is to document that you made a good faith effort with the credit counseling service to settle with the creditor in question but they refused (I gather from the tone of your post that this is what happened.) That might make the courts have less sympathy for the creditor. But, chapter 7 is your best way out.
    George1's Avatar
    George1 Posts: 1, Reputation: 1
    New Member

    Oct 21, 2006, 08:20 AM
    I am 80 years old and disable. My son used my credit card and charged $8000 on it and has not made payments. Now its been turned over to collection and they called and are threatening to take me to court and take all my assets which is just my social security check. Can this be done?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Oct 21, 2006, 05:09 PM
    The card is yours, you agree to be responsible for any usage. You didn't report it stolen. You are responsible for the debt.

    However, I don't believe they can attach social security payments.
    JBURGOS's Avatar
    JBURGOS Posts: 4, Reputation: 1
    New Member

    Nov 15, 2006, 01:56 PM
    :confused: Hey Guys,

    Well I went to my court date... Court -Ordered Mediation Conference.. I have a date and time, but the attorney is doing it by phone.. Just a day ago, got a another letter, saying that the Motion for Telephone Appearance for the Mediation was denied... It was granted 2 weeks ago... What happened... or What's going on? Any comments?? The Judge is saying that the Plaintiff shall call for a date and time for appearance at court... :confused:
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Nov 15, 2006, 02:04 PM
    Not clear, sounds like the attorney wants to telecommute to the court and the court isn't allowing it.

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