[tauro]

My husband is received a summons for a pretrial mediation on a credit card debt. Basically I have always taken care off the accounts. A year ago I was diagnosed with Lupus, I also am on medication for extreme anxiety and HBP. I was not told that Lupus affects your state off mind. But I declined into a deep depression, I was not aware off what was happening to me, only that I am not the same. There were and are days, I know I must get up and do things, but I simply cannot. This caused me to be late on our bills, all have always been paid but, this card from Household bank he is being sued. They raised the price, double it with fees. I spoke to them many times before this, I was sent to a collection agency and still being billed by Household, then an attorney and still being billed by Household. Household told me to send them the payment, not the collection agency and the same with the attorney. The Collection agency and the Attorney told me to call Household and find out, who they wanted me to send payment too. I continued making payments, until this October. I did not receive a bill, and because my husband has two other accounts with them, and due to my condition if I did not see the bill I simply did not remember it. I/we do not dispute the bill, I tried to make arrangements with Household they will not speak to me. In addition this is the same company that would call me up to 8 times a day, I wrote letters, I asked to be contacted by mail, but it continued till I changed my number. They also never sent me any notice after the first attorney letter in June 08, or a notice off funds received by attorney on my bill, which they said they just sent out, but not for September. That would have been a red flag to me, that I missed! Something. I am told by the attorney to make them an offer, and that Household will decide whether to take it or not. At this point I live in Florida, we own a home, a car not yet paid for and a motorcycle my husbands transportation to work, also not yet paid for. We do not live extravangantly, paycheck to paycheck. I also take care off my mother, we both are on Social Security disability. I pay for many off my mothers needed things, meds, etc. that sometimes are not covered by insurance. I am sick over this, in no way did I intend to have this occur. I was late yes, but I still paid and the full amount. If I missed one month I would pay it the next, the month off May threw me off. My mothers mother passed away in Texas, we had to take a last minute flight over $1,000, this was from money for bills. I let everyone know, because in addition when I arrived there was no insurance, out off 12 cousins I was the one since the eldest who ended up paying for her burial. The county helped me, but there were things, like bathing and dressing her, and other things that I had to pay, the only paid for her coffin and plot and then I also had food and lodging.
I cannot let my husband have a judgement on his record, because he trusted me and I simply am at fault. I never meant to be late, but I just did not realize with all the meds how one day turned into another, and I would put things off. Sometimes I would stay in bed for days, knowing that I needed to get up and take care off my responsibilities. I need help please, many off you may think badly off me and not understand. But with the pain from Lupus, constantly seeing specialists, having reactions to meds prescribed and now being told I need to go to the Mayo Clinic in Minn. For a full workup off tests; like I can even afford that. Please help please try to understand I am so ashamed to have to be like this and to let my husband down and possibly lose things we both worked hard for, well mostly him. I did work hard till three years ago and then I lost it all. Thank you

[danhtran]

Credit card debt is unsecure debt, that means you can walk away with it. Your account went to Collection Agency, that means Household does NOT own the account anymore and Household can NOT ask for the payment. Just go to the court (next time, don't sign the summons. Your rights not to sign), your debt will be waived. First, your basic needs for living, your house, your car payments, and your mediccal payments. The judge will see that you don't have money left to pay off your credit card, you will walk free. Go to public library to learn more about your rights and unsecure credit debts. Good luck.

[tauro]

credit card debt is unsecure debt, that means you can walk away with it. Your account went to Collection Agency, that means Household does NOT own the account anymore and Household can NOT ask for the payment. Just go to the court (next time, don't sign the summons. Your rights not to sign), your debt will be waived. First, your basic needs for living, your house, your car payments, and your mediccal payments. The judge will see that you don't have money left to pay off your credit card, you will walk free. Go to public library to learn more about your rights and unsecure credit debts. Good luck.

Thank you for your answer, so they sent it to the collection agency, while still billing me and I was paying the bank, then they sent it to an attorney for collection, again still billing me and I making payments. Does this still mean they no longer own it? I cannot find the letter from the collection agency, and how do I prove that now? That they contacted me asking for money? Thank you very much.

[stevetcg]

Thank you for your answer, so they sent it to the collection agency, while still billing me and I was paying the bank, then they sent it to an attorney for collection, again still billing me and I making payments. Does this still mean they no longer own it? I cannot find the letter from the collection agency, and how do I prove that now? that they contacted me asking for money? Thank you very much.

Just because a collection company was contracted does not necessarily mean that the holder of the original debt is not still involved.

American Express uses outside collections but still maintains the debt themselves. As does a hospital I was forced to visit last year.

If the original debt holder will still speak with you about it, I would continue to work with them. If someone is trying to take you to court, speak with them too. Discuss with them the status of your account and about your situation. Very few people WANT to go to court. They would much rather have payments made without getting lawyers involved... because frankly, lawyers are expensive.

[stevetcg]

credit card debt is unsecure debt, that means you can walk away with it. Your account went to Collection Agency, that means Household does NOT own the account anymore and Household can NOT ask for the payment. Just go to the court (next time, don't sign the summons. Your rights not to sign), your debt will be waived. First, your basic needs for living, your house, your car payments, and your mediccal payments. The judge will see that you don't have money left to pay off your credit card, you will walk free. Go to public library to learn more about your rights and unsecure credit debts. Good luck.

Just because it is unsecured debt does not mean that it isn't valid or owed to the lender. You cannot just "walk away with it". Sorry - the world doesn't work like that.

Household still owns the debt until they sell it to someone else. Just because a collection agency is representing Household does not necessarily mean that Household has quit their claim. Many companies use outside collections but never relinquish their debts.

A judge will not care if the OP does not have any money left after making house/car payments. The OP might very well be forced to file for bankruptcy.

Your response was very wrong in many ways. Please refrain from posting incorrect responses. This is a legal forum and the responses here are supposed to be correct or at least anecdotal. The only accurate part of your post was your advice to go to the library and learn more about your rights. Which I recommend you also do.

[JudyKayTee]

Thank you for your answer, so they sent it to the collection agency, while still billing me and I was paying the bank, then they sent it to an attorney for collection, again still billing me and I making payments. Does this still mean they no longer own it? I cannot find the letter from the collection agency, and how do I prove that now? that they contacted me asking for money? Thank you very much.

Tauro - as you sort through the answers please take a look at the ratings (which are a good indicator of the knowledge of the people responding) as well as how often they have posted.

The fact that people give advice does not mean they know what they are talking about - or that they are correct.

[JudyKayTee]

Basically I have always taken care off the accounts. A year ago I was diagnosed with Lupus, I also am on medication for extreme anxiety and HBP. I was not told that Lupus affects your state off mind. But I declined into a deep depression, I was not aware off what was happening to me, only that I am not the same. There were and are days, I know I must get up and do things, but I simply cannot. This caused me to be late on our bills, all have always been paid but, this card from Household bank he is being sued. ... I never meant to be late, but I just did not realize with all the meds how one day turned into another, and I would put things off. Sometimes I would stay in bed for days, knowing that I needed to get up and take care off my responsibilities. I need help please, many off you may think badly off me and not understand. But with the pain from Lupus, constantly seeing specialists, having reactions to meds prescribed and now being told I need to go to the Mayo Clinic in Minn. for a full workup off tests; like I can even afford that. Please help please try to understand I am so ashamed to have to be like this and to let my husband down and possibly lose things we both worked hard for, well mostly him. I did work hard till three years ago and then I lost it all. Thank you

This is the kind of personal advice that makes me cringe on the legal board.

But here goes - you need to get a much more clear understanding of Lupus - and I assume you have Systemic Lupus Erythematosus and not Discoid.

And, yes, the mental "fog" is part of it, to say nothing of the effects of the medication.

If you are recently diagnosed you MUST find a sympathetic Doctor, someone who will sit down with you and explain the symptoms and treatments and you MUST find either a support group or even one other person who can talk you through this.

Inability to pay because of lack of funds or medical problems is not an excuse when it comes to paying bills BUT, more than that, you MUST get help with your illness before you sink into an even deeper depression. No question that this is an extreme life changing condition and someone has to walk you through it, particularly if you are newly diagnosed.

Take care of yourself - this stress is only going to make you flare.

Again - take care of yourself.

[ScottGem]

I'm not going to add another disagree to danhtran's incorrect advice, but this is an illustration of just how the comment feature should work. Giving a negative comment to incorrect advice to warn offthe asker who might not be able to tell its incorrect.

That being said, the only way to avoid a judgement at this point is to reach a settlement agreement with the plaintiff (not necessarily Household but the plaintiff listed on the summons).

What you should be doing is answering the summons with your Intent to Defend. Then send a copy of that letter to the plaintiff with a request for verification of the debt. In your cover letter explain to them that you are willing to work out a settlement if they can verify the debt.

If you do work out a settlement make sure its in writing that legal action will be suspended while the settlement is in place. If they do agree to a settlement you have to make sure you adhere to the terms. If you are even one day late, they will reopen the lawsuit.

I can tell you that living in Florida, they cannot touch your house and they are unlikely to go after your vehicles. But they can garnish your husband's salary or attach bank accounts.

While I am very sorry to hear about your illness (I had a cousin succumb to Lupus) it has no bearing on your case. I would not bring it up at all. Your husband should have stepped in and assumed some of the responsibilities you had.

One last point, in your letter tell the plaintiff that all future correspondence needs to be done by mail. No more phone calls.

[tauro]

Tauro - as you sort through the answers please take a look at the ratings (which are a good indicator of the knowledge of the people responding) as well as how often they have posted.

The fact that people give advice does not mean they know what they are talking about - or that they are correct.

Yes thank you I will, I just cannot afford a lawyer. If I could I would be giving them the money. I am not trying to get out off this, and I have tried to work with the attorneys suing us yesterday. But the figure the summons shows, the figure the attorney gave me and then they put me on hold and came back with one doubled that makes me really unsure. I simply want to take care off this matter, I offered to make payments and have them automatically deducted from our account. Just so they would know we are serious, they told me no, I have to pay a lump sum figure and that it is up to the bank. I called the bank and they would not talk to me, except to say to call the attorneys back, and also they asked if the attorneys had given me a settlement figure, before this goes to the pretrial meditation. I told them the truth, they had not. The bank seemed surprised and would help me no further. But the attorneys are asking me to give them an offer, and then they want me to give them information on all my accounts I owe, what I have, information on our bank account etc. and they said they would call the bank with that offer and any other circumstances and let me know, that in the end it is the banks decision. This all sounds a little strange to me, I want to pay my account in full. I simply cannot do so, without payments and at this point it seems they will accept nothing but what they want. Yet they ask me for an offer? As for going to the library and doing research, I have looked up several things but it is extremely difficult to understand the legal wording it is written in.

[stevetcg]

Yes thank you I will, I just cannot afford a lawyer. If I could I would be giving them the money. I am not trying to get out off this, and I have tried to work with the attorneys suing us yesterday. But the figure the summons shows, the figure the attorney gave me and then they put me on hold and came back with one doubled that makes me really unsure. I simply want to take care off this matter, I offered to make payments and have them automatically deducted from our account. Just so they would know we are serious, they told me no, I have to pay a lump sum figure and that it is up to the bank. I called the bank and they would not talk to me, except to say to call the attorneys back, and also they asked if the attorneys had given me a settlement figure, before this goes to the pretrial meditation. I told them the truth, they had not. The bank seemed surprised and would help me no further. But the attorneys are asking me to give them an offer, and then they want me to give them information on all my accounts I owe, what I have, information on our bank account etc., and they said they would call the bank with that offer and any other circumstances and let me know, that in the end it is the banks decision. This all sounds a little strange to me, I want to pay my account in full. I simply cannot do so, without payments and at this point it seems they will accept nothing but what they want. Yet they ask me for an offer? As for going to the library and doing research, I have looked up several things but it is extremely difficult to understand the legal wording it is written in.

They are just trying to convince you to try to figure out how to pay. If they get a judgment you will be allowed to make payments. Continue to insist on a payment plan and if they insist on court, go and tell them exactly what has occurred. Do NOT give them any information on your bank accounts or anything else. They are not entitled to it at this point. They can either accept payments from you or they can deal with you in a court.

[tauro]

This is the kind of personal advice that makes me cringe on the legal board.

But here goes - you need to get a much more clear understanding of Lupus - and I assume you have Systemic Lupus Erythematosus and not Discoid.

And, yes, the mental "fog" is part of it, to say nothing of the effects of the medication.

If you are recently diagnosed you MUST find a sympathetic Doctor, someone who will sit down with you and explain the symptoms and treatments and you MUST find either a support group or even one other person who can talk you through this.

Inability to pay because of lack of funds or medical problems is not an excuse when it comes to paying bills BUT, more than that, you MUST get help with your illness before you sink into an even deeper depression. No question that this is an extreme life changing condition and someone has to walk you through it, particularly if you are newly diagnosed.

Take care of yourself - this stress is only going to make you flare.

Again - take care of yourself.

Thanks again, yes I am receiving help but am having difficulties because my body will not respond or tolerate/reactions the medications for depression. I also see a therapist for my anxiety, which causes prevents me from many things. I am trying, but taking care off a mother who is disabled, going through this and two deaths in the family have really set me back, I feel this year. No there is no real excuse, those bills were my responsibility period. I am just explaining how it got to be such a mess, I did not do this with any bad intentions. And it is hard to even describe what you feel like, and try to make yourself even want to go on.

[tauro]

I'm not going to add another disagree to danhtran's incorrect advice, but this is an illustration of just how the comment feature should work. Giving a negative comment to incorrect advice to warn offthe asker who might not be able to tell its incorrect.

That being said, the only way to avoid a judgement at this point is to reach a settlement agreement with the plaintiff (not necessarily Household but the plaintiff listed on the summons).

What you should be doing is answering the summons with your Intent to Defend. Then send a copy of that letter to the plaintiff with a request for verification of the debt. In your cover letter explain to them that you are willing to work out a settlement if they can verify the debt.

If you do work out a settlement make sure its in writing that legal action will be suspended while the settlement is in place. If they do agree to a settlement you have to make sure you adhere to the terms. If you are even one day late, they will reopen the lawsuit.

I can tell you that living in Florida, they cannot touch your house and they are unlikely to go after your vehicles. But they can garnish your husband's salary or attach bank accounts.

While I am very sorry to hear about your illness (I had a cousin succumb to Lupus) it has no bearing on your case. I would not bring it up at all. Your husband should have stepped in and assumed some of the responsibilities you had.

One last point, in your letter tell the plaintiff that all future correspondence needs to be done by mail. No more phone calls.

Thank you, but what is "Intent to Defend"? Is this a court form I can get myself?

[ScottGem]

At this point in time you have to deal with the plaintiff and the plaintiff only. Actually the pre-trial mediation is a GOOD thing for you. I forget that was what the summons was for so ignore my previous advice about the Intent to Defend and request for verification. I would go into that mediation with several documents;

1) A note from your doctor with your diagnosis. I know I said don't mention that, but a mediator should know your situation to offer a solution.
2) A budget statement showing your income and expenditures. As Judy said, ability to pay is not a valid excuse, but this is a mediation. So you are trying to reach a compromise to avoid going to court.
3) A statement of cash assets. Do not give actual bank account info, just a statement of how much you have to show the mediator your situation.
4) Your copies of the credit card statements to show how much you actually charged and how much has been jacked up with fees and interest.

You then go into the mediation and explain to the mediator you want to pay this debt, but you need favorable terms and you need the balance to be more realistic.

Keep us posted on what happens.

[tauro]

At this point in time you have to deal with the plaintiff and the plaintiff only. Actually the pre-trial mediation is a GOOD thing for you. I forget that was what the summons was for so ignore my previous advice about the Intent to Defend and request for verification. I would go into that mediation with several documents;

1) A note from your doctor with your diagnosis. I know I said don't mention that, but a mediator should know your situation to offer a solution.
2) A budget statement showing your income and expenditures. As Judy said, ability to pay is not a valid excuse, but this is a mediation. So you are trying to reach a compromise to avoid going to court.
3) A statement of cash assets. Do not give actual bank account info, just a statement of how much you have to show the mediator your situation.
4) Your copies of the credit card statements to show how much you actually charged and how much has been jacked up with fees and interest.

You then go into the mediation and explain to the mediator you want to pay this debt, but you need favorable terms and you need the balance to be more realistic.

Keep us posted on what happens.

Ok thank you, I will send a letter to the attorneys certified mail and a copy to the courts, asking to have the figure given correctly. I cannot get credit card statements because the bank will not deal with me, so I will ask the attorneys to get them. I only happen to have one. But I was told by them a judgement would be placed, no matter what at the pretrial meditation, and that is something I was told is very bad and will be on our records for 20 years! I am trying to avoid that, but even the attorneys are starting to sound a little strange to me, by that I mean their answers have changed, they are not too clear, and they and the bank don't even agree or have the same figures. But I will try to do what I can, but in writing.

[stevetcg]

Ok thank you, I will send a letter to the attorneys certified mail and a copy to the courts, asking to have the figure given correctly. I cannot get credit card statements because the bank will not deal with me, so I will ask the attorneys to get them. I only happen to have one. But I was told by them a judgement would be placed, no matter what at the pretrial meditation, and that is something I was told is very bad and will be on our records for 20 years! I am trying to avoid that, but even the attorneys are starting to sound a little strange to me, by that I mean their answers have changed, they are not too clear, and they and the bank dont even agree or have the same figures. But I will try to do what I can, but in writting.

A judgment is like most other debt. It is only bad if it is unpaid. And I am not positive, but I'm pretty sure that '20 years' is just meant to scare you. They wouldn't be the first people in history to try to use scare tactics to get what they want.

[JudyKayTee]

A judgment is like most other debt. It is only bad if it is unpaid. And I am not positive, but im pretty sure that '20 years' is just meant to scare you. They wouldn't be the first people in history to try to use scare tactics to get what they want.

They are talking - I am 99% sure - about a Judgment which has a life of 10 years and can be renewed for another 10, for a total of 20 years.

Not uncommon "collection" language.

[stevetcg]

They are talking - I am 99% sure - about a Judgment which has a life of 10 years and can be renewed for another 10, for a total of 20 years.

Not uncommon "collection" language.

Slightly OT, but this is only if the judgment remains unpaid, correct?

[JudyKayTee]

Slightly OT, but this is only if the judgment remains unpaid, correct?

Right, if it's paid it "dies" and there would be no need to renew it. If it's unpaid it sticks around and can be collected for a number of years, sometimes 20.

While we're on this topic (sort of) I hear about more and more people who had Judgments against them, paid the Judgment off, never got a Satisfaction of Judgment (filed with the Court stating that it has been paid off), and at some later time the Judgment re-appears, listed as unpaid - and people scramble to prove they paid it.

Sooooo - if there's a Judgment involved and it gets paid off, get a Satisfaction of Judgment no matter how much time and energy it takes. The judgment creditor should do it automatically but they oftentimes do not.

[ScottGem]

But I was told by them a judgement would be placed, no matter what at the pretrial meditation, and that is something I was told is very bad and will be on our records for 20 years! I am trying to avoid that, but even the attorneys are starting to sound a little strange to me, by that I mean their answers have changed, they are not too clear, and they and the bank dont even agree or have the same figures. But I will try to do what I can, but in writting.

OK, first, do not believe anything these lawyers on the plaintiff's side are telling you without verification. These type of people are notorious for lying. This is why you seem to be getting contraqdictory or unclear info from them. Call the court and ask them what happens at a pre-trial mediation. The fact that this is PRE-TRIAL indicates that no judgement will be handed down. The purpose of a pre-trial mediation in most jurisidctions is to avoid a trial by getting both parties to agree. The mediator is NOT a judge and has no power to enforce anything or hand down rulings. So I think you will find that the court's explanation will be different from the plaintiff's.

As far as having the judgement recorded, your credit already has a black mark against it. The judgement is unlikely to make it worse. And What they mean by 20 years is simply that the judgement can remain in force for that time, or until the judgement is satisfied.

Remember the plaintiff's job is to get you to pay this debt under their terms. They will try to frighten an intimidate you. Don't let them. Tell them you know your rights and if they violate those rights you will bring that up in court.

[tauro]

OK, first, do not believe anything these lawyers on the plaintiff's side are telling you without verification. These type of people are notorious for lying. This is why you seem to be getting contraqdictory or unclear info from them. Call the court and ask them what happens at a pre-trial mediation. The fact that this is PRE-TRIAL indicates that no judgement will be handed down. The purpose of a pre-trial mediation in most jurisidctions is to avoid a trial by getting both parties to agree. The mediator is NOT a judge and has no power to enforce anything or hand down rulings. So I think you will find that the court's explanation will be different from the plaintiff's.

As far as having the judgement recorded, your credit already has a black mark against it. The judgement is unlikely to make it worse. And What they mean by 20 years is simply that the judgement can remain in force for that time, or until the judgement is satisfied.

Remember the plaintiff's job is to get you to pay this debt under their terms. They will try to frighten an intimidate you. Don't let them. Tell them you know your rights and if they violate those rights you will bring that up in court.

Thank you very much, no I won't give them anything more. I will simply if allowed since it is served in my husbands name only make a timeline with all the information and everything they have done and told me. I appreciate your time in responding, I appreciate everyone's time in trying to help, thank you.
Hope someone learns from my mistakes, and I would also think as many have stated they would prefer to work this out. I have been trying and all I got was intimadation, I am very tired off credit card companies and the manner in which they conduct themselves. I realize I was late, and my increased interest should be penalty enough. I thought by being totally honest with my personal issues that they would see, I am not out to skip on them but rather have had some difficulties. I see now that these companies do not care, continue to give me misleading information and that to me those not sound like someone willing to work it out. They want what they want and their way.
I will somehow resolve this, since it is my mess. But never again will I let this happen, now I realize my limitations I was so intent on disbelieving and I will make sure someone like my husband! Takes matters in his hands and helps me while I am going through this.
Thanks again.