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ashhanamye · May 10, 2012, 06:08 AM

My husband was issued papers last night saying he's going to be sued over a bad credit card. It says we have have to send a answer within 10 days of receiving it or the plaintiff can build a case on him. I don't understand all this please help

RickJ · May 10, 2012, 06:29 AM

Did the papers come from an attorney representing the plaintiff?

... or was the notice from the Court?

smoothy · May 10, 2012, 06:31 AM

Originally Posted by ashhanamye

My husband was issued papers last night saying he's gonna be sued over a bad credit card. It says we have have to send a answer within 10 days of recieving it or the plantiff can build a case on him. I dont understand all this please help

Was that credit card debt real? What questions are being asked... who sent them?

Odds are this is preliminary stages for the lawsuit... which will occur if he can't prove its not his or not valid... When did they say this debt occurred?

ashhanamye · May 10, 2012, 06:33 AM

I guess the Justice of the peace? It has a case number at the top but has no court date or anything

ashhanamye · May 10, 2012, 06:40 AM

Yes it is real. The Questions are to admit the he entered into an agreement with captitol one and he agreed to repay them. Admit that with your admit that the permission accepted the credit for the purchases of goods, etc. atmit that the account has not been pait admit that pursuant to our agreement is the balance of 1,869.34 admit that the aabove account is the same account which plaintiff is seeking to collect admit that the account is base upon a written agreement signed by you which entitles the holder of the account to charge interest at the rate of .26% Admit that capital one is the owner of all claims related to the account admit that more that 30 days priopr of filinf this lawsuit plaintiff presendt to defendant a deman for payment admit we recurlarly received statements admit that uou never disputed any charge on the account

smoothy · May 10, 2012, 06:46 AM

How old is this debt... and when was the last activity (meaning charge or payment made). Important to establish when the clock for the statute of limitations started ticking.

Meaning if its within the statute of limitations... they are going to get a judgement... if its out of it.. you have to be careful you don't do something to reset that clock.

I'd recommend getting a lawyer to do this for you... they will know what NOT to say.. and what can be said.

ashhanamye · May 10, 2012, 07:00 AM

How do I find that out?

ashhanamye · May 10, 2012, 07:07 AM

I'm thinking it was April 2010 I don't know I'm looking at his credit report online

ashhanamye · May 10, 2012, 07:30 AM

It also says I can still settle this matter and avoid court contact them should I contact them and settle?

Originally Posted by smoothy

How old is this debt...and when was the last activity (meaning charge or payment made). Important to establish when the clock for the statute of limitations started ticking.

Meaning if its within the statute of limitations....they are going to get a judgement...if its out of it..you have to be careful you don't do something to reset that clock.

I'd recommend getting a lawyer to do this for you....they will know what NOT to say..and what can be said.

smoothy · May 10, 2012, 07:51 AM

If the debt is less than 6 years old... and if you actually owe it.. and if you can actually pay it off... You could try and offer 50% of the amount... they might actually accept the offer.

Now if this debt was say for the sake of argument.. 10 years old (something beyond the SOL). Nothing has been paid in that last ten years and nobody came after you for it in those last ten years... you could tell them to pound sand... because they waited too long to go after it.

Be patient... we will have some other very knowledgible people (more knowledgible than me) answer... in certain aspects nuances can mean everything.. and they will try to trick you into doing something that restarts the clock. So you have to be careful.

Payments made.resets that clock... admissions resets the clock... they attempting to collect via some means BEFORE the SOL runs out... resets the clock...

The devil is in the details... so give it a little time to get other answers. And we do have members that are VERY knowledgible on the topic...

smoothy · May 10, 2012, 08:04 AM

Oh.. something I forgot to add... at no time should you ever blow off a court hearing on this. Failure to show up WILL result in them winning a default judgement automatically. Even if you would have won if you showed up. And it will be for everything they ask for... and they would also ask for and get a writ of Garnishment to take it from your accounts.

ashhanamye · May 10, 2012, 08:09 AM

I just don't know what to do if I should try and settle or just answer the questions and if so how and then where to go from there I think we are over are head lol I wonder how much a attorney is

Fr_Chuck · May 10, 2012, 08:54 AM

An attorney, call and ask, my guess is they will want a few thousand dollars as a retainer to represent you at the hearing.

You can always try to settle, but get it in writing. In the mean time, send in the paper work required before it is late.

And to be blunt, it is fairly simple, you either owe the money or not, if it is a valid debt, you try and work out a payment plan, or after they sue you and win, you pay it

If you can prove it is not your debt, or it has been paid, then you go to court and do that.

A funny note, often they are never prepared in court, they don't expect you to actually show up, or even respond, they expect to win by you not showing up.