I was sent letter from law firm stating that they will sue me over a credit card. Initially the balance was 1500 in the card but when the law firm contactedme they said its 2050. Since I did not have that much of moey I tried to negotiate with them to settle. But they never agreed on sttlement and eventually they filed a law suit against me and even sent me a letter saying garnishment of wages may be served upon. Now in my credit history it also shows that public record. My concern is am I in trouble now? What they can do against me? I don't live on the same county where my case was filed but I live in same state. I even tried to contact them this time too so that I could settle this matter with them. But still they won't agree. I am scared what will happen to me? What they can do against me? Please guide me through what should I do for the best??

It was a law firm and not a collection agency that is threatening to sue you? Credit card collections people are notorious for breaking the rules when it comes to collections. Get your own counsel and don't trust the other guys to be working on your behalf.

The usual practice in my area is for a law firm, not a collection agency, to sue the creditor.

The law firm does NOT have to settle with you for less than they can prove in Court and that includes costs, fees, disbursements, interest.

The question is - is there a JUDGMENT against you?

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Originally Posted by JudyKayTee

The usual practice in my area is for a law firm, not a collection agency, to sue the creditor.

The law firm does NOT have to settle with you for less than they can prove in Court and that includes costs, fees, disbursements, interest.

The question is - is there a JUDGMENT against you?

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JudyKayTee has the answer for you in her signature line. Get yourself an attorney!

Yes there was judgement against me. And do u think they will garnish my wages or take from my account? Do I have to be in their county or state?? How does it work?

Let's start with is this debt truly yours and when was the last payment made on the account? Where do you live and did you admit to the person on the phone that the debt was yours? Did you ask for prooof of the debt?

Depending on the State you are in, yes, they can take whatever means is legal to collect the Judgment and that includes a garnishment, a lien against your bank account.

No, you don't have to be in their County or, for that matter, their State (although it appears you are in the same State).

At this point I see absolutely no point to incurring further expense by retaining an Attorney - if it was a legal Judgment (you owe the debt, you have no defense, it was within the Statute meaning it hadn't expired, you were served with the papers) I don't see the Judgment being somehow dropped.

It will stay with you until it is paid in full and will stay on your credit report for the prescribed period.

I am a bit confused here. First you say will be sued then you say there is already a judgment against you. I gather this means you have already been sued. Credit Card companies have legions of lawyers working for them (or hire outright whole law firms) and they are not working in your best interest. There is a noticeable increase in legal activity ahead of possible congressional activity which could get you more time to pay off your debt or settle your debt and this could be in that group. Only owing $2050, I really doubt they are all that interested in taking you to court to get a judge to approve garnishing your wages considering you don't have any money to start with. If you got a lawyer who is familiar with the issues they could advise you on the best course of action. Anything anybody here tells you is purely hypothetical and you need someone who is looking out for your interest. We don't know all the details of your case and our conjecture is not in your best interest.

Thank you sailorMark. I am sorry for confusion. Yes I was sent some summons by this law firm but never received any documents from the court to appear in court. So I am not sure if I was formally sued in the court or not. But this law firm tells me that there was a judgement and I am required to pay the amount stated by court. I checked my credit history and it shows on the public records section, " claim was filed at one county court for amount of 3000".

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Originally Posted by sanu2008

thank you sailorMark. I am sorry for confusion. Yes I was sent some summons by this law firm but never received any documents from the court to appear in court. so I am not sure if I was formally sued in the court or not. But this law firm tells me that there was a judgement and I am required to pay the amount stated by court. I checked my credit history and it shows on the public records section, " claim was filed at one county court for amount of 3000".

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Then by all means go get a lawyer. They are smart people and the credit card company already has some of them working on their behalf. Even up the odds a bit consult with an attorney. He will clear up any confusion you have and set forth your options. I am not sure what state you are in but the laws vary a bit. Since you don't have a lawyer and haven't had one I think you are at a severe disadvantage. You can do two things, give up and pay this law firm what they say you owe them now that they have tacked on extra fees, or you can talk to your own lawyer to see if you have some other legal recourse. Many lawyers are even willing to do an initial consultation with you for free to see if you even have an option. You should take them up on the opportunity!

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Originally Posted by sanu2008

thank you sailorMark. I am sorry for confusion. Yes I was sent some summons by this law firm but never received any documents from the court to appear in court. so I am not sure if I was formally sued in the court or not. But this law firm tells me that there was a judgement and I am required to pay the amount stated by court. I checked my credit history and it shows on the public records section, " claim was filed at one county court for amount of 3000".

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If you were sent a summons, you were served. It's part 2 of nail and mail.

Again - CHECK WITH THE COURT. I work in the legal system. People who don't are giving you some very bad advice.

If you owe the money, you were served within the Statute, the papers are in order, there is no defense to set the Judgment aside and you are wasting your money on an Attorney.

No one is "adding on" fees and costs - read your credit card documents. Those charges are allowed by law.

And the Judge does NOT have the APPROVE a wage garnishment. Once the Judgment is granted the creditor can use any legal means to collect from you.