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  1. #1
    Join Date
    Jul 2006
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    4

    Default Recieved Summons Over Credit Card Debt

    Hi,
    Thank you for all the great posts within this forum. This is fantastic information that many are not aware of.

    I have a question about my personal debt. I have a total of about $30000 debt from unpaid credit consumer credit cards. the last payment made on any account was August 2002. I have had unstable employment and credit cards were all I had for tuition and general living expenses for a couple of years after 9/11/2001. Over the past four years I have moved about 5-6 times. Collectors would catch up, then address would change, I would not respond because I was depressed cause I could not pay.

    Times have changed for me over the past two years of stable employment with two different organizations....I earn a salary of about 70K and have one open account for my car that was purchased Feb. this year and my first home...a small 100K condo. During the last two years I had heard little to nothing from collection/lawyers. I am attempting to rebuild my credit via my car and home payments now. I quadroupled my monthly payments for my car since March, such that I have paid about 75% of the finanaced amount...very draining as I keep very low cash on hand.

    This morning I got some upsetting news. My brother informed me this morning that a lady with some type of badge had come by looking for me at his house (my most recent address prior to condo...2 months) and attempting to get me to take a summons package from State of Georgia. I just know it is from my past debt issues. I was hoping to get by on the SOL (Georgia) but it seems they are turning the heat up on me. My brother said that he told the lady that I no longer lived there and he does not know where I am. She thanked him and left with the package. It is pretty obvious to me that whenever I make large payments to my open account (car), they have access to this information and attempt to find me.

    Can you give me some advice on what to do? I would actually settle for 25-30% or so, but I have only been working for a couple of years now and have finally made a living for myself. I only have small amout in bank as I pay down my high interest loan...(Car)These big creditors preyed on me in college and I had no other choice after 9/11/2001. I lost my job two months after the attacks and did not start working again until mid 2003. Oh yeah, during the past four years almost exactly since last payments were made, I have only opened accounts this year as I am getting back on my feet. (car 02/06, mortgage 06/06).

    Thanks so much for your time.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Recieved Summons Over Credit Card Debt

    You're in Georgia, also?

    If you're making $70K, they're probably not going to settle for 25-30%; they're probably going to want to settle for, well, all of it, plus interest and collection costs as permitted by your contracts.

    Is your car registered to your brother's house? Do your loan bills go there? If they don't, they probably found your brother's house some other way. If they do, a court may well ultimately determine that service on your brother was adequate. So if you are at all tempted to do nothing, at least consult a lawyer to make sure you're not going to end up in a giant hole.

  3. #3
    Join Date
    Jul 2006
    Posts
    4

    Default Re: Recieved Summons Over Credit Card Debt

    Quote Quoting Mr. Knowitall
    You're in Georgia, also?

    If you're making $70K, they're probably not going to settle for 25-30%; they're probably going to want to settle for, well, all of it, plus interest and collection costs as permitted by your contracts.

    Is your car registered to your brother's house? Do your loan bills go there? If they don't, they probably found your brother's house some other way. If they do, a court may well ultimately determine that service on your brother was adequate. So if you are at all tempted to do nothing, at least consult a lawyer to make sure you're not going to end up in a giant hole.

    Yes Atlanta.
    I started my new job back in January 06. So I do not even have a return yet showing that income...Although I made 62K last year with former employer of only 18 months. Before that all returns have been less than 25K a year. My car is indeed registered (GA) at my brother's house as well as the loan. For the past two months I have had my new address on my account but, today I changed that back to my brother's having paranoia. My past credit issues really bring me down. Not crazy, just pissy.

    My new home loan, only one payment made thus far, of course comes to my new address. They are going to find me very soon with the home loan. It has my SSN and all info is accurate. I knew back in Feb. when I bought the car that this was it. They are going to find me for sure this year. Indeed, after large recent one-time payment (4 days ago) to my auto loan, they have gone to my brother's house looking to serve me papers. I also knew though that my 4-year SOL was coming in July, this month. What is so interesting is that for the past 2 years I have had open utility account, 2 apartment lease accounts, etc and I hear or see nothing with regards to letters or calls. Now this year, after good money on tax return, a car and home purchase a visit from an official trying to summons me or something.

    I'm afraid they have me just when I'm finally coming up. Should I really seek a lawyer at this point? It all stopped July 02 early...How will my SOL play in this?

  4. #4
    Join Date
    Sep 2005
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    Default Re: Recieved Summons Over Credit Card Debt

    The statute of limitations would have started to run at the date of the default, and most likely (some states have slightly different rules) stopped running when the lawsuit was filed.

  5. #5
    Join Date
    Jul 2006
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    4

    Default Re: Probable Lawsuit Over Credit Card Debt

    Well, I have almost made it.
    Last week I received a letter from a Law office in Decatur saying they have an old debt that has my name on it. Over the past 8 months, this is the first thing I have seen about my old credit card debts. It is interesting that I hear something again after recently paying off my auto loan. Now the only thing I have any type of account on is my condo mortgage. According to my credit report, the last account was charged off (i had about 8 open accounts) on 04/03...which is a lie...I stopped using credit in 2002 and made no payments in 2003. Anyways, I still have not even tried to change that on my credit report, I just an trying to let the time pass.

    My question is, how can I find out if anyone has tried to sue me/trying to sue me for a civil judgement related to my past credit issues? The SOL in Georgia for open accounts is Great! I indeed have turned my personal finances and fortunes around. I don't feel that I should be haunted by these old 4 plus year debts when I have no assets, other than my car. And that would be unreasonable. I am actually getting Credit card apps again, albeit they are teribble offers. $189 annual fee, $50 dollar one time for a $500 credit limit. LOL. Other than a Mortgage, I have not needed credit over the past 4 years. It could have made things easier, but I am sticking with SOL for open acct in Ga.

  6. #6
    Join Date
    Jan 2007
    Posts
    26

    Default Re: Probable Lawsuit Over Credit Card Debt

    I live in Georgia too and getting sued for a credit card account with a 5 year old date of last payment. I talked to an attorney and he said that the courts here consider credit cards written contracts and the SOL is 6 years.

  7. #7
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Probable Lawsuit Over Credit Card Debt

    Quote Quoting Cramer404
    View Post
    According to my credit report, the last account was charged off (i had about 8 open accounts) on 04/03...which is a lie...I stopped using credit in 2002 and made no payments in 2003.
    Key point, charged off. It doesn't matter when you stopped making payments or stopped using the credit. They charged it off after a set period of time (based on your missed and delinquent payments). Good luck in your endeavors. I personally would not get a lawyer until I have been served, but, you could check around and see what is what.

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