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Jamie30 · May 1, 2011, 06:23 PM

I have CC debt and I am assuming that its catching up with me now. I was called by my grandmother because a man was at her door today at dusk. My husband and myself proceeded to go over both caring our handguns. The man said "are you Mr. and Mrs. <name remmoved>" and my husband said "who are you" and he said "I'm a process server" my husband then pointed towards the road and said "you can leave" the man said OK and left but I am scared about what is going to happen next. We live paycheck to paycheck with 3 children 2 of which are on medication for ADHD and one also on antidepressants, all of them attend a virtual online school because of issues with learning, so I am unable to work anymore, I looked up South Carolina law at one point and saw that they only have 2 years to sue and that they can't touch your primary residence or paycheck or primary vehicle. So what can they do if it goes to court I can't afford to send them much maybe 50 dollars a month? I have never had to deal with this before so I am very scared thank you for any help. Jamie

ScottGem · May 1, 2011, 06:39 PM

When was the last activity on the account? Avoiding the process server will not help. Best to get that over with so you know what is happening.

Wondergirl · May 1, 2011, 06:47 PM

Have you been getting calls and letters about the debt -- that you had the opportunity to settle earlier? Is it only your cc debt, not your husband's?

Jamie30 · May 1, 2011, 06:50 PM

The last activity on the account was in Oct. or Nov. 2008. I just looked up sc law and it says that the SOL is 3 years not 2.. if this goes on until the SOL is up then will it matter because it was started before the SOL was up? And also what is going to happen if I can't pay them what they want me to pay monthly.. what are the steps if it goes to court... kind of a walk through if you will. Thank you, Jamie

Wondergirl · May 1, 2011, 07:03 PM

Had you been getting letters from the cc company and then collection agency calls?

Jamie30 · May 1, 2011, 07:06 PM

I have been getting calls and letters but they are ridiculous like settle for payment of like 8,000 dollars... and I always tell my husband "if I had that kind of money I would not have stopped paying. I have not answered any of the calls because my husband had some bad debts about 8 years ago and when I would answer they were always rude... I am assuming its my debt but he also owes on some of his cards. But my grandmother said he asked for me not my husband.

Wondergirl · May 1, 2011, 07:17 PM

Sometimes the cc company or even collection agency will settle for half or even less. This has gone past that point now, so, like Scott said, let the guy serve you and then let us know what the summons says. Avoiding the summons will only hurt you and keep you in the dark.

How much do you owe? Probably a lot of that is interest now?

Jamie30 · May 1, 2011, 07:21 PM

Yes I have been getting letters and phone calls but like I said I do not answer the calls they go to my voice mail.. I got a cell phone and turned my home phone to the bare minimum because my husband needs a phone line for work, to hook his computer to. I don't know who is calling because I don't answer and I guess they can't say on a machine so its just genarick this is an important message for ****** ****** if your not ****** ******* then don't listen to this message... some are recordings and others are people I still get letters from some of the cc companys offering a discounted pay off but it is still way to expensive for me to afford, and some are from collection agencies with a lawyers name but I have seen the same account come in different names like they are selling them. I don't know if that helps. Thanks Jamie

Jamie30 · May 1, 2011, 07:26 PM

I owe a lot the largest one is or was at the time about 15,000. I don't really know how it got that out of hand but it did and I know I am at fault, I just wish they offered some way to work with consumers. What can a judge do if you show them that you can't afford the payments... will they make the CC Company accept a payment that you can afford?

Wondergirl · May 1, 2011, 07:29 PM

Your time to negotiate was back when you started getting calls and notices. Your debt has increased drastically because your interest rate shot up when you stopped paying, and the total owed also then shot up.

You'll probably need a lawyer and will have maybe 30 days after receiving the summons before a court date. Ignoring this won't do you a bit of good, and may make things even worse.

From eHow -- "A debt collector or creditor that files a lawsuit based on past due credit card debt may obtain a judgment by the courts. A judgment automatically attaches a lien to any real estate you may own within the state. Judgments issued in South Carolina remain on your credit report for 10 years."

Jamie30 · May 1, 2011, 07:32 PM

What if I can't afford a lawyer then what do I do I have 3 kids and we live on one income... what will an attorney cost for something like this?

Jamie30 · May 1, 2011, 07:42 PM

I remember reading that for the state of SC that they can't put a lien or touch your primary residence... am I wrong is that what your telling me and if its just a lien then I can pay it off in time so it would not be the end of the world... I just don't know how a judge would handle me not being able to pay it off right now... I mean when I get my tax return I could put a chunk on the lien against my house couldn't I?

Wondergirl · May 1, 2011, 07:44 PM

I'm not trying to be mean, but that's the price you're going to pay for ignoring the debt. First, accept the summons. I'm sure you can find a lawyer who deals with this sort of thing and may have some kind of sliding scale -- millions of people are in the same boat you are.

I'm not a lawyer, but dealt with this with a New Jersey friend. We have several legal types on site who will correct me if I'm wrong about something I've posted, and who will advise you further. I'll watch this question to be sure you get answers.

I hope you've cut up all your credit cards.

ScottGem · May 1, 2011, 08:38 PM

First, calm down and stop panicking. There are alternatives for you.

Second, forget the SOL. As soon as they file the suit, the SOL stops counting. SOL refers to the time in which they must start legal action. Once its started doesn't mater how long it takes.

Third, WG is right, the worst you can do is ignore the collection efforts.

This site might help you understand your rights Wage Garnishments -- Bankruptcy Exemptions -- State Statutes -- South Carolina
Wages cannot be garnished and some personal property is exempt. They cannot force a sale of your home and a lien only encumbers the sale of property.

P.S. Please use the Answer options for followups, not Comments.

Fr_Chuck · May 1, 2011, 09:04 PM

The process server will most likely note on the service that he was told to leave and "threatened" with guns. In fact the worst thing was not to merely accept the service.

They will merely and have the court without you and you will merely lose. And your actions may give them reasons not to allow any appeal for improper service.

So you need to get a copy of that service and find out when the court hearing is going to be, since if you are not there, you will lose without having any defense at all

ScottGem · May 2, 2011, 03:42 AM

Originally Posted by Jamie30

I was called by my grandmother because a man was at her door today at dusk. My husband and myself proceeded to go over both caring our handguns. The man said "are you Mr. and Mrs. <name removed>" and my husband said "who are you" and he said "I'm a process server" my husband then pointed towards the road and said "you can leave" the man said ok and left

You mentioned carrying your handguns. It is not clear whether you brandished your weapons or they were used as am implied threat. If they were you may be in bigger trouble. A process server has some level of legal protection. Threatening one would be an illegal act and one that could become criminal.

As Chuck noted, this may be enough for them to proceed in court without you. I would go to the courthouse today and accept the summons and apologize for your husband's actions.

Jamie30 · May 2, 2011, 09:34 AM

We had our guns down to our sides because my grandmother had called panicked that a man was at her door. I don't know if he saw our guns he was at least 60 feet away if not more and my husband pointed towards the road (with the hand that held his gun but turned sideways so that it was not a threatening) and told him he could leave now. If he saw the gun he probably was not sure that it was a gun it is a small glock I believe the model is 27 but it fits in his pocket just to give an idea of size. We are talking about filling Bankruptcy because this is not the only one we owe money to and I am sure there will be more knocking on my door soon. I really appreciate everyone's advice. I am meeting with an attorney on Thursday to see what there suggestions are and what kind of fees they charge. I hope I can afford those. Any advice on Chapter 7 or Chapter 13? We only have one home that we live in with a mortgage and one Vehicle a 2005 KIA sodona no payments on the kia. Other than that it would just be household items like furniture, tvs, etc... and some guns that my husband recently purchased with cash, I don't know if that counts or not. Thanks again, Jamie

abefree · Aug 31, 2011, 08:22 PM

Wow, your husband turned a simple business document delivery into a felony assault with a deadly weapon. Gun charges usually carry a three to five year minimum prison sentence. Dumb move. The process server is technically an officer of the court doing the business of the court. ASAP arrange to accept the documents from the process server in a very polite and businesslike manner and hope he does not file a police report. Take care of business and act like an adult next time.