I had a credit card a few years ago. I went from a 2 income household to a 1 income household and became unable to pay the credit card company. I was intending on paying them when I could get myself back on my feet. It became an issue with me eating or paying my credit card bill. I received a letter today asking me to come to the court house. Upon arriving, I received a letter from a lawyer that was hired by my credit card company (I'm assuming). It is a Civil Action File. They say that I owe almost $5000. However, I know that I do owe them some money but I definitely do not think it is that much. What can I do? I really do not have any money. I am having a very difficult time even paying my survival bills. What I mean by survival bills is the bills that I have to pay to have food and shelter. I think the account is over 5 years old. I think I stopped paying them about 2 years ago. Is there anything at all I can do. The court system told me that I have 30 days to respond to them. What should I say to them? Also, what will happen if I do not respond?

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Originally Posted by henry_lewis0000

I had a credit card a few years ago. I went from a 2 income household to a 1 income household and became unable to pay the credit card company. I was intending on paying them when I could get myself back on my feet. It became an issue with me eating or paying my credit card bill. I received a letter today asking me to come to the court house. Upon arriving, I received a letter from a lawyer that was hired by my credit card company (I'm assuming). It is a Civil Action File. They say that I owe almost $5000. However, I know that I do owe them some money but I definitely do not think it is that much. What can I do? I really do not have any money. I am having a very difficult time even paying my survival bills. What I mean by survival bills is the bills that I have to pay to have food and shelter. I think the account is over 5 years old. I think I stopped paying them about 2 years ago. Is there anything at all I can do. The court system told me that I have 30 days to respond to them. What should I say to them? Also, what will happen if I do not respond?

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The Statute runs from the last activity on the account. That would be, if you are correct, two years ago so it "probably" is within Statute.

Inability to pay is not a legal defense.

Do you have a legal defense? You can always argue that the can't prove the debt, demand to see proof. On the other hand, if you owe the debt and they can prove that you do you're only gaining a little time and they will obtain a judgment against you. You can protest the amount they are claiming - it probably includes interest and, now, legal fees.

You can always attempt to negotiate for a lower amount to be paid now or for monthly payments to begin immediately. Perhaps the law firm will agree, perhaps it will not.

If you owe the debt, appear and they can prove it, they will get a Judgment. If you owe the debt and don't appear, they will get a judment.

Once the judgment is obtained it can be collected by any means which are legal in your State - property liens, wage garnishments, bank account liens.