[leelee42]

Hi.. I received a summons re: a past credit card that was charged off by a lawyer stating he is representing the card company. I first sent back (certified mail) a request for him to validate the debt. I had pulled my credit report after getting the summons. I also sent the credit reporting agency a dispute via certified mail re: this and other accounts that I disagreed with the balances. This particular card I was told by the original creditor was being charged off and they were extremely rude and told me to tell my reasons for the delinquency to the judge. Years later, I out-of-the blue get this summons. I sent an amended response to the clerk of Superior court and the lawyer answering the allegations in greater detail. I had even purchased Credit Protection on this card when it was opened. When the payments got behind, they told me it couldn't be inacted because it was so behind. I now received this first interrogatories letter (regular mail--even though, I've asked that all correspondence be certified mail since they alleged I won't respond... I haven't even received anything prior from this lawyer or the original company in two or three years). I don't know what I should do because I really don't understand the wording. My husband and I paid to consult a lawyer about possible bankruptcy in Feb. But, we've been trying to handle things without doing that. The lawyer we saw seems more interested in just having us file. I've heard horror stories about debt companies. But, I'm feeling scared. This lawyer said I could call and still settle this debt without further litigation... but, the amount he is requesting is more than 3 times the credit limit on the card. He (nor, the credit reporting agency) has actually validated the amount of this debt. I don't know what to do... Please help me...

[JudyKayTee]

Hi..I received a summons re: a past credit card that was charged off by a lawyer stating he is representing the card company. I first sent back (certified mail) a request for him to validate the debt. I had pulled my credit report after getting the summons. I also sent the credit reporting agency a dispute via certified mail re: this and other accounts that I disagreed with the balances. This particular card I was told by the original creditor was being charged off and they were extremely rude and told me to tell my reasons for the delinquency to the judge. Years later, I out-of-the blue get this summons. I sent an ammended response to the clerk of Superior court and the lawyer answering the allegations in greater detail. I had even purchased Credit Protection on this card when it was opened. When the payments got behind, they told me it couldn't be inacted because it was so behind. I now received this first interrogatories letter (regular mail--even though, I've asked that all correspondence be certified mail since they alleged I won't respond...I haven't even received anything prior from this lawyer or the original company in two or three years). I don't know what I should do because I really don't understand the wording. My husband and I paid to consult a lawyer about possible bankruptcy in Feb. But, we've been trying to handle things without doing that. The lawyer we saw seems more interested in just having us file. I've heard horror stories about debt companies. But, I'm feeling scared. This lawyer said I could call and still settle this debt without further litigation...but, the amount he is requesting is more than 3 times the credit limit on the card. He (nor, the credit reporting agency) has actually validated the amount of this debt. I don't know what to do...Please help me...

My first question is the Statute - what State and when was the last time there was activity on the account, a payment, a charge - ?

I have seen the teeny, tiny print on the credit protection stating that the coverage is not in effect if the card is in arrears at the time of the loss of employment or illness which causes the card holder to be unable to pay.

Not unusual to be charged (unfortunately) 3 times the debt by the time late fees, interest and Attorney's fees are added in.

The Attorney may very well have thought that Bankruptcy is a viable option for you as opposed to having some side agenda.

[leelee42]

My first question is the Statute - what State and when was the last time there was activity on the account, a payment, a charge - ?

I have seen the teeny, tiny print on the credit protection stating that the coverage is not in effect if the card is in arrears at the time of the loss of employment or illness which causes the card holder to be unable to pay.

Not unusual to be charged (unfortunately) 3 times the debt by the time late fees, interest and Attorney's fees are added in.

The Attorney may very well have thought that Bankruptcy is a viable option for you as opposed to having some side agenda.

This is in NC... The attorney for the credit card company hasn't given a date of last activity. In fact, they have supplied NO information except that he is representing the collection company and that they say I owe over $2000. When I asked for him to validate this debt, he instead sent me the letter with the first interrogatories expecting me to supply him with all the information I had on the account (ie. Account history, dates paid, etc.)... Now, I don't know... but, if he is bringing allegations against me, why is it up to me to supply him with his information. I don't even have a copy of anything from him with respect to the actual account... just a letter he said he sent me from the collection company. I requested from him that everything be sent certified mail so that we both can make sure the other receives all information since he is stating in the summons that I failed to respond to him. I never received anything from him until the day I got the summons. I just don't understand why I should have to answer his questions to the length that is specified in the letter when he has yet to show me any documentation other than the amount he says I owe the collection company. And, yes... I didn't mean to sound as if I thought the attorney we consulted several months ago has other motives... We've just been trying to do all we can before doing that. However, there doesn't seem to be very much out there in the way of legal advice on how to navigate these waters other than just filing for bankruptcy. Thanks for your response...

[mlr08]

You should find some answers to your questions at this blog: Credit Card Debt Lawsuit Help

[JudyKayTee]

You should find some answers to your questions at this blog: Credit Card Debt Lawsuit Help

Please don't just post the site on the legal boards. If you want to cut and paste the info and list the site, that's fine. Posting just the site helps pretty much no one.

Many people who post here are in a panic and too upset to read and digest an entire site when they have one question.

You are prone to "googling" a site and posting without explanation.