I don't have 100% of the cash to pay the debts balance, I called them today and offered them half, and then pay the rest off within 3 months, they said they would get back to me and let me know if that can bee approved, so if I do that and im still served then why go to court, my credit has been trashed due to medical bills already. and if I don't do anything they get a default judgment and im still going to offer them the same deal.
no arrest. This is a civil matter so no jail, no arrest, nothing like that.
now, there are some situations in some states that have gotten people arrested for issues surrounding a civil case such as this. If there is a judgement entered, the creditor may institute a process where interrogatories are sent to the debtor as well as a few other reasons the debtor would be called into court. In refusing to act in those situations, people have been charged with contempt of court and some even went to jail for it. Most states I heard of that were doing that were taking action to change their laws to stop the creditor from using the system like that but I don't know all the states that were acting in such a manner. Yours might be one. So, if you are summoned to court for a debtors exam or are sent interrogatories, I would strongly suggest not ignoring those actions as that might get you tossed into jail for contempt of court if you do ignore them.
Thanks for the answer, also what is the statute of limitations for credit card debt in Oklahoma ? Thanks.
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I Also realized today that this account was opened in 2007 and then closed in 2009 , is there a statute of limitations exemption here ??
Actually yes, it might be a defense.
Start here: http://www.expertlaw.com/library/lim.../Oklahoma.html
§12-95. Limitation of other actions.
A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards:
1. Within five (5) years: An action upon any contract, agreement, or promise in writing;
The date it was closed doesn't count.
The date of default does.
The default date is generally the date that an unpaid payment becomes past due.
Depending on when in 2009 the default was it's possible that the lawsuit is still within the SOL.
If it's not, you have to file an answer and raise the statute of limitations as an affirmative defense. The court doesn't do it for you. In other words, the creditor can still get a judgment against you if you don't respond.
I Think I understand,, So even if I show the letter from the credit card company to the judge as to when the account was opened it will not help in the case? and for filing motions I feel like Im better off trying to pay this thing now that Im working again. Opinions??