[AZKhann]

I have been sued by Unifund looks like so is everybody else. For a 3-4 years old Credit card Debit which I could not pay due to loss of a job and they Raised the Interest rates on me and minimum payment. I kept paying for a year or so then ran out of mmoney.

Now they have sued me here in Hillsborough County Tampa for an amount which is almost double what I owed to Credit card. The debt is now more than 3 years old.

I have to answer in 20 days for this suit or I get a default judgement.

Any legal help how to beat this nuisance suit.

ZK

[Lowtax4eva]

Why is this a nuisance? You used the card and haven't paid the bill. You do in fact owe them the money and before suing you you must have received SEVERAL letters about this.

Read the contract, they can't raise the interest rate if its not on the contract you signed. It could be that you had a 1 year introductory rate (like almost every other credit card company offers) and then the rate went to the standard rate everyone pays after 1 year. There should also be mention that you have to pay court fees if collection proceedings ever go so far.

Read your contract but my guess is that they know what they are doing and you have no case.

My recommedation is to contact them one last time and offer the largest amount you can afford as an immediate payment and make plans to pay the rest.

[Lowtax4eva]

SO?

The file got passed from the card company to a collection agency who are sending their lawyer after you. As long as they can prove the amount due and have copies of the contract to justify the interest (and prove they are authorized to collect), they will win.

Are they still charging interest though or has the amount stayed at a fixed amount (roughly double what you remember owing)?

[mr.yet]

File Notice of Intend to defend they action. If you don't they will by default obtain a judgment against you.

[Lowtax4eva]

This sounds so much like a Judge Judy kind of case, ones that are kind of obvious but fun to watch, does anyone here watch that show?

Judy: So what's the story here, you haven't paid your bill, WHY NOT? I pay my credit card bill, are you better than me? What makes you so important you can use a credit card and not pay the bill? HMMMM?
Guy: Yeah I didn't pay the bill cause I lost my job...
Judy: You haven't had a job in FOUR YEARS SIR? COME ON, don't even try me sir or you'll be out of here in a heartbeat.
Guy: Yeah but they raised the inerest rate too
Judy: It's called INTRODUCTORY RATE... it's a trick to get you to sign, the rate ALWAYS goes up
Guy: But the minimum payment also went up
Judy: The payment is based on the interest rate IF ONE GOES UP, THEY BOTH DO!! 111! ONE

Maybe I'm missing something but there really isn't a case here

[mboth]

I am being sued due to a credit card debt. This is Saturday,November 17th and my court date is the 26th of November. I wrote a letter to the lawyers and explained my situation and it was denied. I have not hired a lawyer at this point. I spoke with them last week and asked for a postponement due to some serious medical conditions of my only living relative, my brother who is in cleveland clinic in serious condition, knowing I mighty not be in town on Monday, but no luck./.so do I just go and present my case? What will happen without a lawyer being present? Is/are there any other options at this time? Help!

[excon]

Hello mb:

You should start your own thread... Maybe somebody will move it.

IF you owe the money, you'll lose. Even if you go, and you owe the money, you'll lose.

IF you have a job and/or bank accounts that will be vulnerable to seizure after a judgment is rendered, I'd get on the phone with them to settle.

IF you're "judgment proof", then tell 'em to pound sand.

excon

[Miguel863]

Check the stature of limitation in your state