Ask Experts Questions for FREE Help !
Ask
    redd94965's Avatar
    redd94965 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 13, 2009, 02:10 PM
    Credit card debt
    I had acredit card about 6 yrs ago. I am starting to get calls as well as people who don't really know my business I told the man that I was unemployed and I didn't have the money to pay them and I was told that they will see me in court can that be done over $ 3000
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
     
    #2

    Jan 13, 2009, 02:12 PM
    Where are you located as it sounds like it may be a junk/zombie debt buyer trying their luck due to the age of the debt.
    nerraw's Avatar
    nerraw Posts: 8, Reputation: 1
    New Member
     
    #3

    Jan 13, 2009, 03:48 PM
    Yes it can. In Fl. Anyway.
    I went through the same thing. If they take you to court, you just make payment arrangements when the judge asks you if you can pay it. 20.00 month?

    The attorney in court that represented the credit card co. told me that if you are never served the papers to appear in court they usually give up after a few tries. Meaning the can't find you to serve you the papers. A guy showed up in my drive way at night and asked if I was _______ when I said yes, he served me. The attorney said that's where I went wrong! I should have said who is asking and then say I was a friend housesitting! I can't believe he said that. Don't know if I would do that or not...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Jan 13, 2009, 04:39 PM
    Quote Originally Posted by nerraw View Post
    yes it can. In Fl. anyway.
    I went through the same thing. If they take you to court, you just make payment arrangements when the judge asks you if you can pay it. 20.00 month?

    The attorney in court that represented the credit card co. told me that if you are never served the papers to appear in court they usually give up after a few trys. Meaning the can't find you to serve you the papers. A guy showed up in my drive way at night and asked if I was _______ when I said yes, he served me. The attorney said thats where I went wrong! I should have said who is asking and then say I was a friend housesitting! I can't believe he said that. Don't know if I would do that or not...


    I have no idea where you are getting your information or where your Attorney is getting his information. Substitute service exists in every State. I have no idea why you think they give up after a few tries - I actually own and operate a process service company and your experience is not mine.

    A friend "housesitting" can be handed the papers.

    You are posting consistenty incorrect information on various threads.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jan 14, 2009, 07:27 AM
    Quote Originally Posted by nerraw View Post
    ye
    I went through the same thing. If they take you to court, you just make payment arrangements when the judge asks you if you can pay it. 20.00 month?
    Sorry, but that's not accurate. A judge will not make payment arrangements (though a mediator might try to help you negotiate) and paying a token amount won't help since interest can cause the balance to continually increase.

    Judy covered the misinformation about service.
    nerraw's Avatar
    nerraw Posts: 8, Reputation: 1
    New Member
     
    #6

    Jan 18, 2009, 10:14 PM
    Quote Originally Posted by ScottGem View Post
    Sorry, but that's not accurate. A judge will not make payment arrangements (though a mediator might try to help you negotiate) and paying a token amount won't help since interest can cause the balance to continually increase.

    Judy covered the misinformation about service.
    Judy,
    This is basically what happened. I went to 1st court hearing and the judge asked what I could pay, I said $50 a month, he said that's not enough it will never be paid off,can you pay $100 a month? I said I could try to pay it. Then I went to a room with a representing attorney from the company that bought my debt and took me to court (it was written off by the original credit card co.) and he filled in the data on an agreement to pay the said amount on a monthly basis until the debt was satisfied. It was never taken as 'a token amount'. - That was all there was to it and that is why I shared myexperience with the person asking online.
    I don't know how you got that from my comment.
    There was no 'misinformation' given on my part. I think the person I sent it to could understand what I was saying.
    Also, just for the record, My 2 replies to others where not about my question I asked.

    Since then I have gone to legal aid in Fl. To get the correct info. All replies I got from this website were not correct and even confused each other reading them. Yourself & scott included.

    nerraw
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Jan 19, 2009, 07:07 AM
    Quote Originally Posted by nerraw View Post
    Since then I have gone to legal aid in Fl. to get the correct info. All replies I got from this website were not correct and even confused each other reading them. Yourself & scott included.

    nerraw
    Again, I ask how they were incorrect or confusing. As I see you got the same advice you got from legal aid.

    As to the judge setting a payment. I suspect that what you went to was a pre-trial confernece. Many states have them and the purpose is to negotiate a settlement. Or this may have been small claims court where judges are more interested in a fair solution.

    The misinformation was in relating your single experience to other situations where it might not apply.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #8

    Jan 19, 2009, 07:14 AM
    Quote Originally Posted by nerraw View Post
    I went to 1st court hearing and the judge asked what i could pay, I said $50 a month, he said thats not enough it will never be paid off,can you pay $100 a month?


    Rather than turn this into a message board I have one final comment. What you have posted is, in fact, not Florida law. If anything it makes the Judge look prejudicial toward the creditor for attempting to "force" you, as the debtor, into a payment plan.

    If this is correct, this is one of those matters that the Florida Bar would find very interesting.

    What you have posted is most definitely NOT the law in Florida and, again, I don't think you know the difference between a Judge and an Arbitrator.

    As for the rest of your post - let people read what has gone on prior to this, on the various threads, and make their own decision.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Credit Card Debt? Consolidate using debt consolidation agency? Good or Bad? [ 11 Answers ]

Does it reflect negatively on my credit report if I consolidate credit card debt using a debt consolidation agency? I can make my credit card payments, but only the minimums. The APR's are mid to high teens -- I feel like a hamster on a wheel. Is it worse to continue like I am, with credit cards...

Is credit card debt open account debt or a written agreement debt? [ 16 Answers ]

I am currently fighting a credit card debt action filed against me by Unifund. The issue is whether credit card debt is open account debt subject to 3 year SOL in the State of Washington or a written agreement debt subject to 6 years. I asked the same question on another forum and received an...

Overseas Credit Card debt collection affecting credit rating in Canada? [ 1 Answers ]

I do live in Canada and I have an outstanding CC debt with a world-renown bank in the UK, but for reasons beyond my control I am unable to make overseas payments. It is not a matter of not trying or wanting to pay, but other reasons are involved... How could or will non-payment of a...


View more questions Search