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plpratt · Mar 10, 2009, 08:35 AM

Around 2003 I had a credit card I charged up in the amount of $2500.00. I soon lost my job and was unable to pay them. They soon started calling me and harassing me over it all the time and eventually I agreed to send them 100.oo a month. I sent it to them for 5 months until a lady from the law firm called me and said that was not enough and they were going to file a judgement against me. It made me mad and I told them to go ahead. Well they did. Now it is 2 years later and they are still calling me and telling me that they have a judgement against me and that the credit card is accumulating interest monthly and I have to pay lawyer fees and court costs and the total now of everything is up to around $5000.00. I have been disabled since July of 2003 and can no longer work and I have explained this to them, can they do this to me?

ballengerb1 · Mar 10, 2009, 08:45 AM

Where do you live? There is a statute of limitations that could prevent them from getting a judgement if enough time has passed since your last payment. Probably not enough time has passed but its worth checking into. If the SOL doesn't apply they can take you to court and seek a judgement, likley they will get one. Now for the collection part, its up to them to then collect. If you have any assets they can go after them but they may not. Credit card companies don't take everyone to court but they say they will. These debits are often sold to collection companies and your's may already be at one. If this is a law firm its been sold already. Tell them in writing to produce proof of the debt, they may or may not want to go ahead.

plpratt · Mar 10, 2009, 08:49 AM

I live in Louisiana and they have already filed the judgement but they keep adding interest to it daily.

plpratt · Mar 10, 2009, 08:57 AM

Originally Posted by ballengerb1

Where do you live? There is a statute of limitations that could prevent them from getting a judgement if enough time has passed since your last payment. probably not enough time has passed but its worth checking into. If the SOL doesn't apply they can take you to court and seek a judgement, likley they will get one. Now for the collection part, its up to them to then collect. If you have any assets they can go after them but they may not. Credit card companies don't take everyone to court but they say they will. These debits are often sold to collection companies and your's may already be at one. If this is a law firm its been sold already. Tell them in writing to produce proof of the debt, they may or may not want to go ahead.

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ballengerb1 · Mar 10, 2009, 09:18 AM

Ok so we are at the collection phase. They can charge interest but only within LA lending limits. You were being charged interest on any credit cards already. You had an apparent agreement to pay $100 per month. At that rate this debt would last for decades. I'd suggest you counsel with a credit counselor or attorney and consider if you are a candidate for some level of bankruptcy.

ScottGem · Mar 10, 2009, 09:28 AM

I'm going to disagree with ballenger here. I do have some question to ask though. Was the agreement to pay $100/month in writing? Did you go to the hearing where they obtained the judgement? Where you aware of that hearing?

Now the thing is, you are pretty much judgement proof. If your only income is from disability, then they can't touch that. If you inform your bank that your only income is from protected sources, they can refuse a writ of attachment. You can get them to stop dunning you be phone. You can write them a letter stating that all future ocrrespondence be by mail.

ballengerb1 · Mar 10, 2009, 09:35 AM

Scott could be right but I have little information regarding your assets or income. Are you on any kind of disabliity and do you have a home, savings, CDs, IRA, etc...