Ask Experts Questions for FREE Help !
Ask
    DebtHater's Avatar
    DebtHater Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 21, 2008, 12:26 PM
    Sued for Credit Card Debt
    My parents received a phone call from a lawyer asking for my wife. My parents refused to give our contact information but rather promised to relay a message, which they did.

    I contacted the lawyer today who advised us that my wife is being sued for a credit card debt. Background story - short version of the long - my wife had medical problems which forced the doctor to take her out of work for 6-8 months, which involved a prolonged hospital stay. Our income during that time - before taxes - $22,000/year.

    The credit card had a limit of $1000, but is still evidently accruing interest at ~30%, so now the balance is up to ~$2400. The credit card company has not contacted us in months regarding this situation. Last conversation we had with them was a continued advisement that we would pay when we could.

    Back to present day, the lawyer says we are being sued for this debt and they are looking into wage garnishment. However, we have not received a summons or lawsuit paperwork, nor any communication stating this was even being considered.

    Where do we go from here? I am assuming it was some sort of assistant we spoke with and now the lawyer directly - she would not tell me anything regarding a time frame or what the lawyer would do.

    We are making extra money now and working to pay debt off, but she would not even consider monthly payments unless they were at least $400-$500/month, or a complete settlement at the beginning.

    I have heard that a judge can rule in our favor because we don't make any extra income to make extra payments and we are not living an extravagant life. If we don't make the money, can they still take our money?

    Any advice on this would be appreciated!
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #2

    Jan 21, 2008, 09:49 PM
    Judges don't give special dispensation to poor people that I am aware of just because they don't make "extra" money. That's wishful thinking on your part. Sorry.

    When they call you again, demand that they put everything in writing and mail it to you for starters. Don't keep talking to them, hang up.

    If they decide to sue you for the debt, you will have to file an answer in court and go from there.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jan 21, 2008, 10:20 PM
    1. No this is a collection call, may not have even been an attorney, could even be a collection person pretending to be one, And if ti was a office that has an attorny on staff, they want you to pay,

    If they were just going to sue, they would not have called first, but you would have just received a summoms.

    Next they can't even legally tell your parents anything about the debt, so this is a good sign, this is a scum bag collection group that will lie and cheat anyway they can to get the money.

    Have you been paying on it, ifnot why not

    So if they sue, they sue, you can't stop them from sueing.
    tslone88's Avatar
    tslone88 Posts: 4, Reputation: 1
    New Member
     
    #4

    Jan 22, 2008, 10:26 AM
    Quote Originally Posted by DebtHater
    My parents received a phone call from a lawyer asking for my wife. My parents refused to give our contact information but rather promised to relay a message, which they did.

    I contacted the lawyer today who advised us that my wife is being sued for a credit card debt. Background story - short version of the long - my wife had medical problems which forced the doctor to take her out of work for 6-8 months, which involved a prolonged hospital stay. Our income during that time - before taxes - $22,000/year.

    The credit card had a limit of $1000, but is still evidently accruing interest at ~30%, so now the balance is up to ~$2400. The credit card company has not contacted us in months regarding this situation. Last conversation we had with them was a continued advisement that we would pay when we could.

    Back to present day, the lawyer says we are being sued for this debt and they are looking into wage garnishment. However, we have not received a summons or lawsuit paperwork, nor any communication stating this was even being considered.

    Where do we go from here? I am assuming it was some sort of assistant we spoke with and now the lawyer directly - she would not tell me anything regarding a time frame or what the lawyer would do.

    We are making extra money now and working to pay debt off, but she would not even consider monthly payments unless they were at least $400-$500/month, or a complete settlement at the beginning.

    I have heard that a judge can rule in our favor because we don't make any extra income to make extra payments and we are not living an extravagent life. If we don't make the money, can they still take our money?

    Any advice on this would be appreciated!
    I have been in this same situation and didn't hear from anyone for months and was threatened to be sued and we just thought it would all go away well guess what we were served a civil summons last week and if we don't agree to pay court cost and all penalities then they will have our wages garnished, they can take 25% so try your best to settle
    DebtHater's Avatar
    DebtHater Posts: 2, Reputation: 1
    New Member
     
    #5

    Jan 22, 2008, 01:18 PM
    The group that called is "The Office of Gerald Moore". I have found bad things about these people online - that they act as an attorney's office but they are really just a collection's agency. Any insight on this company?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #6

    Jan 22, 2008, 01:22 PM
    Hello Debt:

    One collection agency bottom feeder is just like all the rest. All you need to know about this collector scumbag is contained in the "Fair Debt Collection Practices Act".

    Google it.

    excon

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Being sued over credit card debt [ 12 Answers ]

I was recently served over some old credit card debt (about 10K). I am looking for advice on how to best handle this... we are back on our feet again but it kills me to pay for all the excessive penalties and fees. I've also heard that even if I strike a deal with the company, it can come back...

Being Sued over Credit Card Debt [ 5 Answers ]

I am being sued over credit card debt(4000.00). The papers say that if you don't file an answer by a certain date a judgement will be issued against you. What does this mean? What will happen if I just ignore it. I am in Texas.

I am being sued for a credit card debt. [ 7 Answers ]

I am now in the stages were I have 35 days to file an answer. My debt has more then doubled since it was charged off 4 years ago. The new balance is now at $4,700. I have received no proof of accounting from the debt collector who is an Attorney. I did send them a dispute letter asking how they...

Sued Credit Card Debt [ 11 Answers ]

Hey I received I guess you would call it a credit card judgement for a debt I owe of $1700. Plus $ 750.00 Attorney fee for them , I guess... I have a 4 yr old, 5 month old, pregnant again with #3, and unemployed. Just recently got laid off from my previous job of 8 yrs. My husband is the only...

Being sued over an old credit card debt. [ 2 Answers ]

Greetings, I recently was served with papers via a Sherrif's deputy around 2 months ago. I answered the supeona and followed all of the proper channels notifying the bottom feeder collection attorney that bought the debt that the debt was incorrect, not mine, and that the statue of limitations had...


View more questions Search