[amoura]

I owe 20,000 in credict card and I am self employed but work very slow know, and don't have any assets and nothing in the bank, my question is once I go to court... what happen there, how is the court process about being sued by a credict... and .if.. it is better to find a lawyer or handle it yourself?

[TheCleaner]

If you are selfemployed don't have assets, bank accounts or a house in your name you are absolutely judgment proof, just make sure the credit card companies and collectors know that.

They can spend money in a lawsuit and obtain a judgment against you but they won't see a penny from you unless you decide to pay them. The only thing they can do is ruin your credit rating for the next 7 or ten years.

Carl.-

[progunr]

Right.

The ruining of your credit rating is such a minor issue, why would you worry about that?

Need to rent an apartment. Most will look at your credit.

Need to get a job. Most will look at your credit.

Have an emergency, and need a loan. Most will look at your credit.

Plan to buy a house. Most will look at your credit.

Want to spend the next 7 to 10 years, worrying about those issues or hoping that you never have to do anything, that could be effected by your credit rating?

If so, TheCleaner is your man. He knows how to help you.

[amoura]

I guess my other question will be... how can I best resolve this matter in a smart way,, to be debt free and no bad credict

[progunr]

I guess my other question will be ...how can I best resolve this matter in a smart way,,,to be debt free and no bad credict

If your business is not supporting you, you should be looking at finding another way to do so, or in looking into some type of business that will.

Since you are a business owner now, I would assume that you want to remain self employed in the future as well.

Most businesses need credit in order to be successful. Good credit that is.

I've been behind the 8 ball myself plenty of times, I've had to sell things I didn't want to, I've had to work 2 jobs when I didn't want to, I've done without things that I didn't want to.

Was it easy or fun, no.

I did what I had to do to meet the obligations I had committed to.

Some of it I did on my own, some of it I got some help from friends or relatives, and some my wife has had to help with as well.

If I've learned anything in my time on this earth, it is that if you are determined enough, if you really set your mind to it, you really can do just about anything if you want to do it bad enough.

You will have to find the motivation within yourself to solve the problems life will bring your way.

I do wish you the best.

[TheCleaner]

Well Amura that won't happen anytime soon even if you win the lottery tomorrow an pay the whole thing off. They want to keep messing with your credit ratings. Once you are late a few months you are screw for at least a year.

If you pay everything it will be easier to fix latter, just figures uh? But if that's the case you probably would had never been late in the first place.

Now what is best for you or better yet what I would do if I were in your shoes deppends on several factors, we can start by asking you a couple of questions, if you want to do it we can do it here or in private as you preffer, I don't charge anything for my work here.

[amoura]

Thank you all for your help... I love this web site...

But know how do I start to fix what I what I had made, Deb consolidation or setlement or what?

[amoura]

I owe 20,000 in credict card and I am self employed but work very slow know, and don't have any assets and nothing in the bank, my question is once I go to court ...what happen there, how is the court process about being sued by a credict ...and .if..it is better to find a lawyer or handle it yourself?

Thank you all for your help... I love this web site...

But know how do I start to fix what I what I had made, Deb consolidation or setlement or what

[TheCleaner]

Ok...
Are you still current on your payments?

If not, when you made the last payment? Do you have already some account in collections or charged off?

Wich cards do you have?

Could you get money, a few thousand to settle in one payment?

Tipically, when you quit paying they start calling, after a few months deppending of the company they file suit if they think that is going to work, that's why you need to let them know hat you have nothing they can grab in court, if the don't sue then the account gets charged off and placed for collection or sold to a junk debt buyer, they'll call you all the tme and if they think that is going to work they'll sue you. If you manage to keep everybody from suing you then after three to six years deppending on the statute of limitation of your state you can fix your credit without having paid a penny.

What's your state?

[amoura]

My state is Florida,. ok I am going to call the law office that is representing the credict card to let them know I have nothing they can take from me right now

[TheCleaner]

Wait a minute, a law office? How long since your last payment?

[amoura]

Almost a year , I received already a letter to answer in court and I summit the letter in court them last week I got a letter from the court in favor of the plaintiff, to continue with the process in court but I haven't jet received any letter with the date to go to court.

[TheCleaner]

Ok , so they didn't file law suit yet, or there is not court date. Did you get any court papers, summons, or discovery request?

Send them a debt validation letter asking for proof of their claim and file it with the court as part of your response, You probably at this point can make it a discovery request, especifically ask them to produce

Credit application signed by you (proving that you applied for credit with the company they say you own money)

Credit card agreement (To prove fees, interest rates and any other charges made in the account, also the choice of law clausule is something to check out)

Last statements on the account (To prove they are asking for the right amount, and you did obtain credit from that company)

Purchase agreement or else something to prove they have the account asigned to them by the original creditor for collection, as far as you know right now this could be a scam, you never borrowed money from them but they are asking you now to pay them, they need to prove that they have the legal right to collect in that account.

Never reconigze the debt as yours, let them do the work to prove it, if you agree that you own that money you will loose the case right then.