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Bettagirl · Jul 18, 2007, 09:23 AM

I had a credit card between 8 and 10 years ago. The credit limit was $1000.00 dollars. I probably maxed it. Now I get a bill for $3500.00 dollars and I am headed to court this month.

My financial situation has changed in the last 8 years and I cannot afford to pay more than $25.00 dollars a month to this bill. The collection company declined that offer.

After I pay my rent, utilities, car insurance, and gas up... I am left with about $500.00 dollars a month.
This amount does not include my grocery bill for myself and my 13 year old daughter. I do not get child support. I pay her health insurance and take care of her on my own.

My question is, how much does a judge allow for food and toiletry items needed for myself and my daughter before they start taking money away from us. I am doing my best, but I am very afraid the judge will say I should pay more.

mr.yet · Jul 18, 2007, 09:35 AM

File Notice of Intend to defend, if yo don't they will obtain default judgment.

Whne was the last time there was payment to this account??

Send Discovery Notice to the Attorney for the Plaintiff, requesting Valication of the alleged debt, copy of the original contract you signed, complete account of the alleged debt.

You must show up at the hearing or they will obtain judgement.

SPeak to an attorney in your area.

Bettagirl · Jul 18, 2007, 09:41 AM

The last time a payment was made was probably 6 years ago I am guessing. Maybe more or less...

I made copies of all my bills, what I make and pay out... hopefully this will help. Thanks for the info.

mr.yet · Jul 18, 2007, 09:43 AM

MOst likely the Statute of Limitation has pass, at the hearing tell the judge the SOL has expired, and move to dismiss, with prejudice their claim.

With prejudice means they cannot refile later.

excon · Jul 18, 2007, 10:56 AM

Hello girl:

In answer to your original question, it matters not. The judge cares only if you owe the money, or not. If he determines that you owe it, he'll give them a judgment. With that judgment they can garnish your wages and attach your bank accounts. You don't want that to happen.

The courts in our country, don't really care whether you can afford to pay.

excon

Bettagirl · Jul 18, 2007, 12:17 PM

But he would take money away from the money I use to provide for my daughter. My paycheck is all I have to support her and keep a roof over head and food on the table. If they take anything more than the 25 a month I offered, I could stand to lose my apartment, have electricity or gas turned off, even cancel our health insurance. Why would any judge do that?

ScottGem · Jul 18, 2007, 12:24 PM

Listen to what excon and yet are telling you. Its not up to the judge whether you can afford to pay or not. The judge is required only to rule on a matter of law. If the creditor can prove that a) you incurred the debt, b) you did not pay the debt and c) the SOL has not expired then they will obtain a judgement. Those are the only facts the judge can rule on.

There is a good chance that the SOL has expired, most have a 6 year or less SOL. Most of the time what has happened in a situation like yours is that the debt has been sold for pennies on the dollar to some sleaze of a collection agency. These agencies file a suit for a default judgement hoping the debtor doesn't fight it so they can get a judgement to garnish wages or assets. But most of the time they don't have sufficient documentation to prove the debt is valid so if you fight it, they are unlikely to win.

s_cianci · Jul 24, 2007, 07:28 PM

You should complete a financial affidavit. It's a fairly standard form and is probably available online. Also demand documentation of the $3500 that they claim you owe. With a credit limit of $1000, that's more than triple so I'd definitely be suspicious of that as well and inform the judge of your suspicions.