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Court Date-Old credit card debt
I have to appear in court about an old credit card... it was charged off years ago, and I guess these vultures bought the debt or whatever... it's 1900 dollars. What do I need to take with me to court?. pay stubs, credit report?
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 Originally Posted by pmuhr1
The fact that it was charged off doesn't mean they can't attempt to collect on it - What you take to Court and how you answer depends on what your defense is - it's over Statute, it's not your card, whatever. Your credit report and pay stubs have nothing to do with this - inability to pay is not a defense (if that is where you are going here). It comes down to whether it's a legal debt and whether it's yours and whether it's paid. Let me know what State and I'll tell you the Statute - |
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Hello pm:
If'in it was me, I wouldn't be helping 'em garnish my wages... Plus, if you go to court, your debt probably will double with legal fees, court costs and all. I'd try to avoid that if I could. You might be able to set up a payment plan with them BEFORE your court date. I'd try calling 'em up and see if you can't do something like that. But, you listen to Judy. She knows her sht. excon |
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Originally Posted by pmuhr1
If they can obtain a Judgment they will then file a garnishment - it's not automatic and they don't rely on you, they rely on your employer to find out how much you make. The Statute on an open account (charge account) in Alabama is 3 years. That means that collection must be legally started within 3 years of the last activity on the account, activity being a payment, a charge. Simply contacting them - or them contacting you - is not activity on the account. If there has been no activity in 3 years, that is your defense - it's out of Statute and they are out of luck. |
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I strongly suggest you browse through this forum, the Bankruptcy & Debt forum and the Credit forum. There are hundreds of similar threads. By looking at threads from people in a similar situation you will learn how to deal with your.
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[QUOTE=excon]Hello pm:
If'in it was me, I wouldn't be helping 'em garnish my wages... Plus, if you go to court, your debt probably will double with legal fees, court costs and all. I'd try to avoid that if I could. You might be able to set up a payment plan with them BEFORE your court date. I'd try calling 'em up and see if you can't do something like that. But, you listen to Judy. She knows her sht. Cuchie, Cuchie which I think is "thank you" in Spanish. |
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