Results 1 to 3 of 3
  1. #1
    Join Date
    Nov 2009
    Location
    Michigan
    Posts
    4

    Default Lawsuit Over Credit Card Debt

    My question involves collection proceedings in the State of: Michigan

    -Received summons, hand-delivered at my home to me 11/13/09.
    -"21 days to file written response with court...."
    -Plaintiff is id'd on summons as attorney for Discover Card (c/o DFS Services, LLC)
    -Previous paperwork received 6/11/09 from "Law Offices of...." identified self as "law firm is a debt collector attempting to collect this debt for our client...".
    -My response at that time was to request validation of the debt (per internet sites advice re: debt collection lawsuits

    Debt amt listed: 16 K + (5800K+ of balance = finance charges and overlimit fees from period 12/2006 to 4/2009)
    -Per my review of account, amount of balance that refers to actual purchases is less than 8500-not that it matters I guess.
    -Last pmt made: 12/08
    -Had some brief & unhelpful phone exchanges w/Discover around 6/08-9/08.

    Yes, I should know better. Acted sooner. Not excuses-I was trying to figure what to do-i.e., to resolve unpaid debt w/o foreclosure or bankrupcy.

    Prior to past 2 yrs, excellent credit history. Financial stressors during past 2 yrs led to this, including 2 job-related major moves, job loss, and failure to sell house. Have kept all other accounts pd current (e.g., mortgage, auto loan, 2nd mortgage).

    I could really use some help. Even if it ends up just being 'hand-holding'!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lawsuit Over Credit Card Debt

    If this goes to judgment, you can ask the court to permit periodic payments, or the plaintiff can seek an order of periodic wage garnishment.

    You can also see if the plaintiff will agree to a payoff in an amount less than the full debt you owe.

  3. #3
    Join Date
    Nov 2009
    Location
    Michigan
    Posts
    4

    Default Re: Lawsuit Over Credit Card Debt

    Thank you for responding!
    I had looked into refinancing mortgage with bank holding home equity loan, and explained my intent--to consolidate mortgage and to obtain an amount with which I could try to settle with lump sum payment. Mortgage processor was verbally supportive of the plan, but said bank unlikely to approve it because I was self-employed for less than 2 yrs. and of course, current market/eonomy issues.

    Can you tell me: what do I say in response required in summons?
    Was this lawyer hired by credit card company, or does he work for collections company, i.e., does it make a difference?

    Honestly, I live an extremely frugal life. I don't have "extra" money. I really was scrimping and juggling to make payments there for a while. I just got to the point where I can breathe cause I can make my monthly payments. I don't know how or what I will be able to pay them-in 6 months? When they ask those questions, I don't mean to be evasive--I honestly don't know. So how do I address that?

    Again, thank you so much for your help.

    1. Sponsored Links
       

Similar Threads

  1. Collection Lawsuits: How to Settle a Credit Card Debt Lawsuit
    By missheidi in forum Debts and Collections
    Replies: 2
    Last Post: 06-30-2010, 09:45 AM
  2. Collection Lawsuits: Lawsuit for Old Credit Card Debt
    By janices in forum Debts and Collections
    Replies: 5
    Last Post: 05-01-2010, 02:58 PM
  3. Collection Lawsuits: Limitations on a Credit Card Debt Lawsuit
    By marvin88 in forum Debts and Collections
    Replies: 2
    Last Post: 08-23-2007, 07:16 PM
  4. Collection Lawsuits: Lawsuit over past-due credit card debt
    By dxdenis02 in forum Debts and Collections
    Replies: 5
    Last Post: 08-19-2005, 12:47 PM
  5. Collection Lawsuits: Lawsuit for credit card debt
    By lawyerman in forum Debts and Collections
    Replies: 1
    Last Post: 07-05-2005, 04:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources