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  1. #1
    Join Date
    Apr 2010
    Posts
    10

    Unhappy Lawsuit for Old Credit Card Debt

    My question involves court procedures for the state of: California I was served papers yesterday for a credit card i closed in the year 2000. I got on there payment plans for 6 years, they then told me i could not get on the payment plan anylonger after paying 6 years on one. and that was the year 2007, now i get served for the amount plus interest. What in the world do i do? I have a job, but barely make it, and if they garnish my paycheck i would be homeless. I cannot afford an attorney, help please and the reason i had to close that account was due to job loss.

  2. #2

    Default Re: Lawsuit for Old Credit Card Debt

    They might be able to get a judgment against you, whether you show up at court or not, unless you have a defense that convincingly questions the amount owed. If you don't show up at court they will likely
    win a default judgment.

    Sometimes you are still allowed to set up a payment arrangement even after a company has obtained a legal judgment against you.

    Can you go to a consumer credit counselor to discuss what your best plan for protecting your assets is? Most communities offer free or minimal-cost credit counselling services. Possibly, they can even help you negotiate with this creditor before court. These counselors also help with bankruptcy filing, though hopefully you won't have to go there. Good luck.

    P.S.
    I once read a very informative book by Nolo Press about consumer debt issues. I found it in the public library, but nolo also maintains a law information site online.

  3. #3
    Join Date
    Apr 2010
    Posts
    10

    Default Re: Lawsuit for Old Credit Card Debt

    Thank you, I did call a credit councelor, and a local low income law center, no appointments availiable, and the consumer credit co. actually told me to go to court and let the judge decide. Does any one know when they try to freeze bank accounts? Ive also heard that will happen. Nothing like this has ever happened to me, not even a traffic ticket. I had hopes from the law center, but 30 days on the summons, and there being no appointment in the next 30 days, not enough time.

  4. #4

    Default Re: Lawsuit for Old Credit Card Debt

    Is getting this case continued an option? Is there a local law school who offer a program to help you?

  5. #5
    Join Date
    Apr 2010
    Posts
    10

    Default Re: Lawsuit for Old Credit Card Debt

    Im not sure about a law school here, but this week I will have to do some quick research. I have learned some during the weekend. But there is a huge amount of quick information about what i need to do still to do. I just have so many questions to ask, some how this seems not exactly right, especially the amount of money paid already, 6 years. Im more concerned about what and when they can take what you have, is that now before court? or after court? Thank you for another direction and option, something i had not thought of.

  6. #6

    Default Re: Lawsuit for Old Credit Card Debt

    I actually had a judgment put against me by Capital One a few years back They definitely cannot go after your assets until after they win a judgment.It seems like there was a gap of several months between the time I was notified of the judgment and when I found a Sheriff's notice on my door they planned to come in my apartment and take all my belongings toward repaying the company.

    When I went to the court to respond to this notice, a saber-rattling sheriff told me to call the company handling the judgment to make a payment arrangement. These people had already tried to contact my employer to put a freeze on all my wages, but luckily they had the wrong information. I think the Sheriff tried to get this information out of me, but I demurred. There was a form included I seem to remember asking me to itemize all my belongings and their worth. At the time I was fairly judgment- proof. I believe there is a procedure whereby you can appear in court and safeguard some of your necessary assets from being taken away.

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