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  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Default Credit Card Judgement in Kentucky

    My question involves judgment recovery in the State of: Kentucky

    I am scard to death I have been receiving numerous advertisement flyers from various law firms advising me that there has been a judgement filed against me by Discover Bank. I don't dispute the validity of the charges and have been able to find where the judgement was filed or at least a court case # but haven't been served with any paper work or a summons to appear.

    My question is do they have so long a period of time to serve me with the appropriate summons if I am supposed to appear in court ? How long before they may start to garnish any wages and/or freeze my bank account ? Am I able to call the circuit court clerk in my county and find out the name at least of the law firm who has secured this judgement against me ?

    Any information would be very helpful in this situation. I am umemployed and trying very hard to climb back into the job market and clean up my debts.

  2. #2
    Join Date
    Apr 2009
    Posts
    5

    Default Re: Credit Card Judgement in Kentucky

    I went thru that a while back and as long as you werent served by sherriff and you do not respond then you should be O.K.Luckily im in Kentucky too.I was served by sherrif and i responded and they thru it out.Look at it this way.the judge inc the case is from your district and you vote for him or her,not the big crooked credit card company.Also i would look into suing them if too much time hasnt went by because they wont show and you will win by default to stop this.I just put in my defense that i only spent $200.00 on the card(which was truthfull) and now i got a 1600.00 bill and the credt card company will not be reasonable.Hope that helps

    What these credit card companies try to do is legalized lonesharking.The current president is trying as we speak to put an end to this.(what are they going to do next legalize sending out the legbreakers lol.just make sure you respond.you dont have to do it in person you just send it in.

  3. #3
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Credit Card Judgement in Kentucky

    Colgate, please study the law before attempting to give legal advice.

    OP, there is something in KY called constructive service. Basically what that means is, if you are avoiding service in order to avoid being sued, they can have a hearing anyway. Here is the info on regular and constructive service. http://www.louisvillelaw.com/civil_rules/cr4.htm

    I'm not going to address the responsibility of the judge to judge a trial impartially, and without regard to whether one or the other of the plaintiffs may or may not vote for him/her.

    As to suing the credit card company, (and/or credit agency) yes, it does sometimes work to fight back, but it's by no means a slam dunk. They may very well decide to fight it especially if they have attys on retainer in your area.

  4. #4
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Credit Card Judgement in Kentucky

    Everything here is opinion by people who have studied the law, or have some knowledge of how things work.

    Your advice was not only not sound legal advice, it wasn't even a helpful opinion to the OP. I am sure the OP wants to know the law and how it works, not how we wish it did.

    As for my feelings on the credit card companies, read my other posts and then you'll know. But I'm not going to tell someone that if they take a cc company to court, they are automatically going to win. I wouldn't want that on my conscience. I *did* say that yes, sometimes the cc company won't bother to fight it; but they might.

    And please study constructive service of process. I know I had to until my eyes were bleeding when I was in college. My pet name for it is "pretend service". It is, however, legal and used in the state of KY, particularly for people who are attempting to avoid service. (although I think it can be taken advantage of by unscrupulous companies...but that's another issue for another day.)

  5. #5
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Credit Card Judgement in Kentucky

    Ok. Thanks for the information. My debt give or take is about $2000 originally but with all the late fees, over limit fees and finance charges I would say it probably is in the neighborhood of $4000. As I said in my original post, I have been able to track down the circuit court case # which if I read it correctly, the case was filed on 4/20 so not all that long ago and as my name suggests I am scard n tired of having the debt on my back but with being unemployed and having been that way since last Sept I am focusing this moment on getting a job so I can pay this debt.

    Granted, I realize that I am the little guy in this situation. I know the credit card company wants to get their money. I know the debt is considered unsecured and as such they can't take my house but simply put a lein against it so they can get their money in the event that I sell which I don't intend to. I know at some point down the line they will find out where I work when I do get a job and garnish my wages at 75% of my disposable income.

    I don't know how much if any the President's legislation will help me if it does get passed. It depends of course on the final bill when it does get passage and we all know there will be concessions made on both sides to try to get it passed and the ultimate bill will be no where near the original.

    In any case, I can't afford a lawyer and I am simply trying to gather as much information as I can at this time. The more information I have, the less I can be scard and get on with my life.

  6. #6
    Join Date
    Apr 2009
    Location
    Georgia
    Posts
    1

    Default Re: Credit Card Judgement in Kentucky

    Quote Quoting scardntired
    View Post
    garnish my wages at 75% of my disposable income.
    I believe you meant 25% of your disposable income.

    I'm sorry for you employment situation, it sounds like you along with thousands of other folks are scrambling to find employment and trying to manage your accumulating debt.

    If I was in your position, as soon as I did find a job I could get in touch with the creditor and say, "I'd like get on a payment plan. This will save you, Mr CreditCard Company, the time & expense of garnishing my wages. If you will accept 10% of my disposable income I will set up an automatic payment plan with you." If they accept, then DO NOT DEFAULT ON THE PLAN.

    Don't try to pay less than the 10%, in fact, it would be much better if you could pay 15% or so because you need to get ahead of the accumulating interest in order to start reducing the principle. You could even ask them to stop accumulating more interest as of the date of your 1st payment but don't let their refusal derail the agreement.

    If they agree to the 10%, you'll have 15% of your income at your disposal compared to them garnishing the full 25%.

    Best wishes.

  7. #7
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Credit Card Judgement in Kentucky

    www.creditboards.com

    There is a wealth of information there that can help you.

    Good luck.

  8. #8
    Join Date
    Apr 2009
    Posts
    3

    Default Re: Credit Card Judgement in Kentucky

    Quote Quoting mmmagique
    View Post
    www.creditboards.com

    There is a wealth of information there that can help you.

    Good luck.
    Thanks for the link. Since i am currently in educational mode about this whole situation I appreciate any and all information I can get.

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