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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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Old 01-28-2008, 11:09 PM
barret00 barret00 is offline
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Default Recieved Summons And Complaint
I recieved a summons and complaint tonight regarding a credit card debt for (1514.55) owed to hsbc. I live in michigan and the card was opened march 4 of 04'. I do not dispute having used the card, but the limit was only $500.00. I never went over that limit.

For a while I was making my payments on time, but began to fall behind. I was regularly calling for a period of months asking what my minimum payment was ($45.00). I was making that payment by automatic check monthly. I noticed after a time in my statement that my balance owed was going up. I started making the 45 dollar payments with a balance of around $550.00 (because of late fees) and noticed after some months it went up to and above $800.00.

I called hsbc and asked why that happened and they said i was making minimum payments but not paying some of the other fees (overlimit fees etc.) I expressed frustration that I was trying to make payments to stay in good standing, and in asking what i needed to pay each month they did not tell me about the cost of the other fees, and I did not appreciate my balance inflating the way it had when i was trying to do the right thing. I asked if they would take some fees off, they said no. Now to fix it they wanted me to pay over 100 dollars per month which i could not afford. I ended payments after that point, that was around summer of 2006. I got a few letters from various collection services but i ignored them.

Now my question, I know i need to respond in a timely manner and will do so. What do i say? Im not opposed to a payment arrangement, who do i contact about that? HSBC or the Lawyers? If they do agree to a payment arrangement do i put it in the response letter or should i send the response first?

I thank anyone who takes the time to read this and can offer any help. This is the first time I have had to deal with something like this and i am concerned because i cannot afford an attorney. Thanks in advance!
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Old 01-31-2008, 11:43 AM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Recieved Summons And Complaint
You answer the complaint truthfully.

You can attempt to negotiate with the credit card company's lawyer for a reduced payoff amount and/or repayment schedule. They don't have to negotiate.

If a verdict is entered against you, you can ask the court to permit periodic payments toward the verdict.
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Old 02-01-2008, 10:10 AM
barret00 barret00 is offline
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Default Re: Recieved Summons And Complaint
What happens if you cannot pay the amount that the judge decides you have to pay?
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Old 02-01-2008, 10:23 AM
seniorjudge seniorjudge is offline
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Default Re: Recieved Summons And Complaint
Quoting barret00
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What happens if you cannot pay the amount that the judge decides you have to pay?

The creditor will go after your assets; also, you will not be able to buy or sell real estate until you pay what you said you would pay (plus, of course, court costs and lawyer fees).
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