Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Being Sued by credit card (https://www.askmehelpdesk.com/showthread.php?t=93643)

  • May 17, 2007, 05:05 PM
    Duckie64
    Being Sued by credit card
    I was served with papers this afternoon about an old credit card debt that I thought I settled but guess I didn't. I called the law office number provided and she was extreamly rude to me. I explained to her that there was no way that I owed that much and she said "Well you do now" I told her that I would be willing to make payment arrangements in order to keep this out of court and pay down the debt. The sherrif serving the papers said $1 a week would keep them quiet. I offerd to pay the debt that I'm sure I know I owe. So my question is What exactly does a judgement against you mean? I've also been told that if I write full and final payment on the payment form I send to them (check, etc) That this is all they will be able to collect? Is this true?
  • May 17, 2007, 05:19 PM
    Fr_Chuck
    The full and final payment is a myth, not supported in most courts, esp after most checks are computer processed, not hand procesed any longer.

    And in most states, the 1 dollar a month will not stop them from sueing you if you are in default.
    If they get a judgement it will vary by state, the worst they can do is take all the money out of your bank account and take about 25 percent of your paycheck. Some states have limits to lower paid people being exempt, and some states don't allow garnishment of pay at all, but a lot do.
  • May 17, 2007, 06:09 PM
    Duckie64
    Quote:

    Originally Posted by Duckie64
    I was served with papers this afternoon about an old credit card debt that I thought I settled but guess I didn't. I called the law office number provided and she was extreamly rude to me. I explained to her that there was no way that I owed that much and she said "Well you do now" I told her that I would be willing to make payment arrangements in order to keep this out of court and pay down the debt. The sherrif serving the papers said $1 a week would keep them quiet. I offerd to pay the debt that I'm sure I know I owe. So my question is What exactly does a judgement against you mean? I've also been told that if I write full and final payment on the payment form I send to them (check, etc) That this is all they will be able to collect? Is this true?

    So the best thing to do is to just make payments and pay it down?
  • May 18, 2007, 04:02 AM
    mr.yet
    How old is the alleged debt? Have they verified the correct party to the alleged debt?

    File Notice of Intend to defend in the court, after that send a discovery request to the plainitiff attorney requesting the original contract your sing, a and accounting of the alleged debt and has the SOL expired.

  • All times are GMT -7. The time now is 02:06 AM.