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  1. #1
    Join Date
    Jan 2010
    Posts
    3

    Unhappy I Received a Summons for Court Today for Credit Card Debt.in

    My question involves collection proceedings in the State of: IN
    My boyfriend just recently filed bankruptcy. Among the things that he filed on were alot of credit cards. Some of those cards had my name on them also. We thought that we had only put me down as a authroized user on them all but come to find out I am actully a joint on some. His bankruptcy attorney told us that we shouldnt worry about anything until his case is discharged esp since I do not have a job. As soon as his case was discharged they immediatly started coming after me. I have gotten all kinds of calls and papers sent to me in the mail stating how much I owe etc.. Today I got served with papers from the court stating that I am to answer the complaint in writing withen twenty days or judgement will be entered against me for what the plaintiff has demanded ( 4,476.00 plus 63.00 interest). It also states that If I deny the demand and or have a claim for relief against the plaintiff I must assert it in my written answer. I guess my main question is .. What can they do?? I do not have a job and have not had one since 2007 when i found out I was pregnant with my daughter. I also do not have any propery or assets other than a pos car this is worth maybe 1500.00 .. Will theu judge make me get a job to pay this debt off?? Or can the judge do that period? What kind of judgement do you think I am facing here? I have no way to make any payments at all at this time. Esp since I was not the one originally making payments on this card in the first place. My boyfriend pays for all of our other bills and our living expenses but he can not afford to pay it either, thats the reason he filled bankruptcy in the first place. What am I supposed to inlclude in my answering letter tothe court ? Do I just tell them I am unemployed and have no means of paying for this debt?? Should I request a copy of the original document I signed saything that I wanted to be on the card with him?? Help please

  2. #2
    Join Date
    Jul 2009
    Posts
    249

    Default Re: I Received a Summons for Court Today for Credit Card Debt.in

    Quote Quoting Ashley667
    View Post
    My question involves collection proceedings in the State of: IN
    My boyfriend just recently filed bankruptcy. Among the things that he filed on were alot of credit cards. Some of those cards had my name on them also. We thought that we had only put me down as a authroized user on them all but come to find out I am actully a joint on some. His bankruptcy attorney told us that we shouldnt worry about anything until his case is discharged esp since I do not have a job. As soon as his case was discharged they immediatly started coming after me. I have gotten all kinds of calls and papers sent to me in the mail stating how much I owe etc.. Today I got served with papers from the court stating that I am to answer the complaint in writing withen twenty days or judgement will be entered against me for what the plaintiff has demanded ( 4,476.00 plus 63.00 interest). It also states that If I deny the demand and or have a claim for relief against the plaintiff I must assert it in my written answer. I guess my main question is .. What can they do?? I do not have a job and have not had one since 2007 when i found out I was pregnant with my daughter. I also do not have any propery or assets other than a pos car this is worth maybe 1500.00 .. Will theu judge make me get a job to pay this debt off?? Or can the judge do that period? What kind of judgement do you think I am facing here? I have no way to make any payments at all at this time. Esp since I was not the one originally making payments on this card in the first place. My boyfriend pays for all of our other bills and our living expenses but he can not afford to pay it either, thats the reason he filled bankruptcy in the first place. What am I supposed to inlclude in my answering letter tothe court ? Do I just tell them I am unemployed and have no means of paying for this debt?? Should I request a copy of the original document I signed saything that I wanted to be on the card with him?? Help please
    1) What can they do? They can obtain a legal judgment against you. With that legal judgment, they can garnish your wages, attach your assets, and more in order to get you to pay the debt. A judgment will also adversely affect your credit rating for a long time.

    In your case, it doesn't sound like you have attachable assets--homes and cars are usually exempt from attachment--or wages to garnish. But judgments are valid and enforceable for a long time (usually up to 7 years), so if you anticipate having wages or assets in the next decade or so of your life, this might still be a problem.

    2) Will the judge make me get a job? To my knowledge, no modern court has ever ordered a debtor to get a job. Nor is it clear that they Constitutionally could order you to do so, since the 13th Amendment bars involuntary servitude. So probably not. Could it happen? Well, anything's possible.

    3) What kind of judgment am I facing here? You are facing a judgment for the value of the debt, plus interest.

    4) What am I supposed to include in my answering letter to the court? You're not supposed to write an "answering letter" to the court. You're supposed to file a document called an "answer," which admits or denies the allegations in the complaint against you, and asserts any affirmative defenses or "claims for relief" you might have.

    Any letter to the court you write will almost certainly be disregarded.

    5) Do I just tell them I am unemployed and have no means of paying this debt? Tell who? The court? Or the credit card company? Not that it matters. Telling either of them won't do any good. The CC company wants its judgment for whatever reason--probably to make life harder for you before you file bankruptcy. Telling the court won't do any good because not having any money isn't a defense to liability for a debt. The CC company is entitled to its judgment whether you have any money or not.

    6) Should I request a copy of the original document I signed? You might, but the CC company is under no obligation to provide it to you until a phase of the litigation called "discovery." When you make a proper discovery request, they'll have to turn it over, assuming it is relevant to your case--which it most certainly is.

    7) My boyfriend made all the payments on the credit cards. Does that relieve me from liability for them? No.

    You really need a lawyer's help with this. This is a pretty big deal. It sounds like you have a lot of debt problems. Bankruptcy might be an option you should consider for yourself.

    Another possibility for you might be settling the debt. If you can scrape together a reasonable sum of money--$1000, $1500, $2000--you might offer it in lump sum to the CC company in settlement of the debt. This might be a less expensive option for you than litigation. On the other hand, if this is just one of several CC companies you expect to come knocking, then that money might be better spent retaining counsel to help you with a bankruptcy.

    Settling the debt has consequences for you too. If you settle the debt, and don't specifically negotiate for the debt to be reported as "paid in full," then the CC company might report it as "settled in full" instead. "Settled in full" hurts your credit for a long time. On the other hand, in your case, it doesn't sound like you're that concerned about your credit rating. Maybe you just want to make this debt headache go away.

    Your call. Good luck to you.

    Quote Quoting Ashley667
    View Post
    My question involves collection proceedings in the State of: IN
    My boyfriend just recently filed bankruptcy. Among the things that he filed on were alot of credit cards. Some of those cards had my name on them also. We thought that we had only put me down as a authroized user on them all but come to find out I am actully a joint on some. His bankruptcy attorney told us that we shouldnt worry about anything until his case is discharged esp since I do not have a job. As soon as his case was discharged they immediatly started coming after me. I have gotten all kinds of calls and papers sent to me in the mail stating how much I owe etc.. Today I got served with papers from the court stating that I am to answer the complaint in writing withen twenty days or judgement will be entered against me for what the plaintiff has demanded ( 4,476.00 plus 63.00 interest). It also states that If I deny the demand and or have a claim for relief against the plaintiff I must assert it in my written answer. I guess my main question is .. What can they do?? I do not have a job and have not had one since 2007 when i found out I was pregnant with my daughter. I also do not have any propery or assets other than a pos car this is worth maybe 1500.00 .. Will theu judge make me get a job to pay this debt off?? Or can the judge do that period? What kind of judgement do you think I am facing here? I have no way to make any payments at all at this time. Esp since I was not the one originally making payments on this card in the first place. My boyfriend pays for all of our other bills and our living expenses but he can not afford to pay it either, thats the reason he filled bankruptcy in the first place. What am I supposed to inlclude in my answering letter tothe court ? Do I just tell them I am unemployed and have no means of paying for this debt?? Should I request a copy of the original document I signed saything that I wanted to be on the card with him?? Help please
    1) What can they do? They can obtain a legal judgment against you. With that legal judgment, they can garnish your wages, attach your assets, and more in order to get you to pay the debt. A judgment will also adversely affect your credit rating for a long time.

    In your case, it doesn't sound like you have attachable assets--homes and cars are usually exempt from attachment--or wages to garnish, But judgments are valid and enforceable for a long time (usually up to 7 years), so if you anticipate having wages or assets in the next decade or so of your life, this might still be a problem.

    2) Will the judge make me get a job? To my knowledge, no modern court has ever ordered a debtor to get a job. Nor is it clear that they Constitutionally could order you to do so, since the 13th Amendment bars involuntary servitude. Soprobably not. Could it happen? Well, anything's possible.

    3) What kind of judgment am I facing here? You are facing a judgment for the value of the debt, plus interest.

    4) What am I supposed to include in my answering letter to the court? You're not supposed to write an "answering letter" to the court. You're supposed to file a document called an "answer," which admits or denies the allegations in the complaint against you, and asserts any affirmative defenses or "claims for relief" you might have.

    Any letter to the court you write will almost certainly be disregarded.

    5) Do I just tell them I am unemployed and have no means of paying this debt? Tell who? The court? Or the credit card company? Not that it matters. Telling either of them won't to any good. The CC company wants its judgment for whatever reason--probably to make life harder for you before you file bankruptcy. Telling the court won't do any good because not having any money isn't a defense to liability for a debt. The CC company is entitled to its judgment whether you have any money or not.

    6) Should I request a copy of the original document I signed? You might, but the CC company is under no obligation to provide it to you until a phase of the litigation called "discovery." When you make a proper discovery request, they'll have to turn it over, assuming it is relevant to your case--which it most certainly is.

    You really need a lawyer's help with this. This is a pretty big deal. It sounds like you have a lot of debt problems. Bankruptcy might be an option you should consider for yourself.

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