Ask Me Help Desk - Default judgement

I am 27 years old I live in Texas. In 2004 my dad had cancer. I ended up losing my job so I stayed home to help take care of him. My credit card went to collections. I offered to make payments and they refused to work with me. They said that the only payment they would take was for me to give them a account number for them to take half now and half 300 days later. I am a college student and could not afford this so I refused payment. They have recently filed a civil suit against me and I have to go to court June 16. I still do not have they money to give them $1500.00 plus lawyer fees and court cost. I do not think I should be responsible for the lawyer fees and court cost because I offered to make payments of $ 100.00 a month and they refused. I would like some advice. Thanks for your time and help.

Quote:

Originally Posted by Alexis Huffman

I am 27 years old I live in Texas. In 2004 my dad had cancer. I ended up losing my job so I stayed home to help take care of him. My credit card went to collections. I offered to make payments and they refused to work with me. They said that the only payment they would take was for me to give them a account number for them to take half now and half 300 days later. i am a college student and could not afford this so I refused payment. They have recently filed a civil suit against me and I have to go to court June 16. I still do not have they money to give them $1500.00 plus lawyer fees and court cost. I do not think i should be responsible for the lawyer fees and court cost because I offered to make payments of $ 100.00 a month and they refused. I would like some advice. Thanks for your time and help.

Wow - sorry about your Dad. Also, being a caregiver is absolutely exhausting.

Unfortunately they are entitled to legal fees and court costs - and I know sometimes "they" just won't deal.

Not having the money is not an excuse not to pay - but you already know this - but I would respond to the papers you were served and also contact the law firm and tell them exactly what you have said and ask if you can make payment arrangements, try to negotiate it down. I would start with offering 60% of what they are asking.

Really am sorry - you're between a rock and a hard place.

I realize you starting caring for your Dad in 2004 - the Statute on debt in Texas is 4 years. Fingers crossed - was the last activity (charge, payment) on the credit card more than 4 years prior to the papers being filed against you?

Last payment was made 01-19-2004
Case filed 01-22-2008
I would like to give them the money that I owe them but I don't have the money to pay them all at once. I was afraid that if I give them my account number by sending them a check they would just debt the account because they are demanding payment in full. Can they do that. Thanks for your help.

Quote:

Originally Posted by Alexis Huffman

Last payment was made 01-19-2004
case filed 01-22-2008
I would like to give them the money that I owe them but I dont have the money to pay them all at once. I was afraid that if I give them my account number by sending them a check they would just debt the account because they are demanding payment in full. Can they do that. Thanks for your help.

The Statute is 4 years. It expired 1/19/08. You will argue that the Statute has expired and it's not 4 years and 3 days. That's your defense.

Without looking at your papers I would say there is no need to pay them at all - they are out of gas! Their time has run.

They will probably argue that they didn't get the payment until 1/22/04 - so they are within the Statute - but you will bring your check and argue present that the Court.

I've seen the Court decide both ways - 2 or 3 day mailing window; no mailing window at all.

You could save yourself some money here!

On the citation they have the last payment on this account was made January 19, 2004 and as such the statute of limitations has not run on this account. Does this mean that they are wrong or just trying to trick me

Quote:

Originally Posted by Alexis Huffman

on the citation they have the last payment on this account was made January 19, 2004 and as such the statute of limitations has not run on this account. Does this mean that they are wrong or just trying to trick me

EVEN BETTER! If the last payment was Jan 19, 2004 and the Statute is 4 years (which it is in Texas) the Statute ran on Jan 19, 2008 - a couple of months before the papers were filed against you.

I just hate to group a whole bunch of people together but I think a lot of people pay debts in incorrect amounts or after the Statute because they simply don't know anything else and the debt collectors count on that.

I have no idea why they are doing this. If they are trying to prove the Statute did NOT run they would use a date AFTER Jan 19; for example, claim your last payment was April 20, 2004 - then they would be within the Statute.

Anyway - I believe the Statute has run. One of the "regulars" will wander onto the thread soon and we can get his/her opinion but I think you're home free.