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  1. #1
    Join Date
    Apr 2014
    Posts
    5

    Default Can You Avoid Repaying Credit Card Debt Over Errors in Your Card Application

    My question involves collection proceedings in the State of: Virginia
    Hello,
    I received a "Warrant In Debt" (Civil Claim for Money) today. It includes a copy of the original Credit Card Application that was signed with the bank. There are two small mistakes on the application however, the D.O.B. (that is printed, not written) has the incorrect month. Also, the date I must have wrote next to my signature is incorrect - the application was signed in 2009 but the date written is '08. On the first page it displays that I have been at my current residence for 58 days. I'm sure I could produce something that would substantiate that I didn't live at that residence until 2009.
    I honestly have no desire to dispute that the debt is actually valid. I originally tried on a few occasions over the phone to negotiate a lower monthly payment but the bank would not budge one cent, and my income has not been sufficient enough to make any traction on the loan.

    But before I receive judgement against me, and before me and my family are financially affected by this, I wanted to be sure that the burden of proof that falls on the plaintiff that is suing me is completely legit and legally valid.

    I apologize in advance if the question seems ridiculous, but I have not been able to find any information about this!

    My next step will probably be to seek out an attorney to discuss what is going to happen to us when the judgment falls. I just took the leap to becoming self-employed a few months ago, but still don't make nearly enough money yet to reasonably settle with them on the now almost $7,000 balance, in fact I make barely enough to get by. I am doubtful the bank is going to be receptive to $10 a month, but that's how we ended up here. The house we live in is in my wife's name, I have a bank account with a little over $100 in it, and a 2001 truck that is in my name but has little value.
    I wish I had the money to pay the debt back, because I truly do believe it is the right thing to do.
    Thanks so much for your time and consideration, and any insight you are inclined to give!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,195

    Default Re: Could My Credit Agreement Be Void

    None of this matters. The informational stuff at the top you fill out is NOT your contract. The last section right above your signature usually one long run-on sentence where you attest to the correctness of the information and agree to be bound by the resultant credit agreement is issued, is your contract.

    The date you signed it might be of interest if there was some confusion of the date which the contract was executed. However, this is of little significance in a credit card situation. Every time you use the card or make a payment you're extending the time to act up on it.

    Courts rarely allow someone to game a mistake into their advantage. The chance that anything you mention here is going to get you out of your debt is zero.

    On the other hand, you appear to be relatively judgement proof. While they can seize tangible assets, about the only thing they're going after is whatever you have in your bank account. Even if you held title to the house with your wife, it's not touchable in Virginia. Wage garnishment is extremely limited in VA. There's a formula for disposable income and garnishment is capped at 25% of that, and in no circumstances can take you down below whatever the federal minimum wage is (presuming you work full time and if you work less, it's even higher).

  3. #3
    Join Date
    Apr 2014
    Posts
    5

    Default Re: Could My Credit Agreement Be Void

    flyingron, Thanks so much for the information!
    It looks I will be going into court (court date is in June) to accept whatever judgment comes. It does say I am not required to appear, but everything I've read has said to most definitely attend, even if you don't have a prayer!
    That is, unless I happen upon enough money to settle, which is doubtful! Looks like I will have to live a little 'under-the-radar' until I can pay it back...
    Thanks again, you gave me some piece of mind with this information and I can't tell you how much I appreciate that.
    I'm really grateful this forum is here.

  4. #4
    Join Date
    Sep 2010
    Location
    Florida
    Posts
    153

    Default Re: Could My Credit Agreement Be Void

    Keep in mind, if a judgement is granted against you, they remain active for many years ( typically 10) then can be renewed. What this means to you is that, in the future, if you ever begin to make some decent money they can and will come after you as flyingiron mentioned. Just be aware you could drag this around like a ball and chain for many years to come.

    hth

  5. #5
    Join Date
    Apr 2014
    Posts
    5

    Default Re: Could My Credit Agreement Be Void

    I appreciate the heads up on that hth.. I definitely wish I could pay this back.
    I suppose I have no right to complain about what might happen in the future at this point; in all fairness they do have every right to come after what I owe them.
    As long as they don't take all of my money as I make it, or such a huge portion that I simply can't provide. If they do, I may have to live without a bank account for a long time until I make enough money for them too.
    The more I try to 'explore my options' the more I see I really don't have any!

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Could My Credit Agreement Be Void

    You also need to bear in mind something important - if you're going to claim that their information is inaccurate, don't be surprised when they call it "fraud"...that's a whole different thing and not something you want to happen.

  7. #7
    Join Date
    Apr 2014
    Posts
    5

    Default Re: Could My Credit Agreement Be Void

    Hey Dogmatique, that is an excellent point that I had not even considered, and they would be right indeed!
    Thanks

  8. #8
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Could My Credit Agreement Be Void

    these "errors" are things that you wrote on your application, things that you intentionally wrote incorrectly?

  9. #9
    Join Date
    Apr 2014
    Posts
    5

    Default Re: Could My Credit Agreement Be Void

    Hi Lehk,
    No facetiousness intended in my last message. To answer your question: Absolutely not! The incorrect D.O.B. and the date I wrote next to my signature are just errors that I am noticing now on the copy of the Credit application that was included with the Warrant in Debt invite. It made me raise an eyebrow. I just don't have a recollection of what the document looked like when I was at the bank.
    Now that I know these items have no bearing anyway, I'm not concerned; I suppose that they being the original creditor, there's little doubt they indeed have genuine documentation.

    - - - Updated - - -

    The D.O.B. is 'typed' so I can only assume was a clerical typo. The date I wrote next to my signature I can only chalk up to a mindless mistake, much like the whole ordeal is!
    Thanks

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