Being sued for old credit card debt, need help

Discussion in 'Credit Talk' started by JT1232, Oct 3, 2006.

  1. JT1232

    JT1232 Member

    I received a phone call from an old residence saying that I had a certified letter there that was a court summons for that county. They could not sign for the letter, so I called to find out what it was regarding.

    I am in a different state now, but apparently a lawsuit was filed on behalf of an original creditor for what is showing as 4200.00 on my credit report. This is about 1300.00 higher than what the debt was when the account went into collections back in 2002. Being young and stupid, I dealt with a collection agency who agreed to settle for less than the amount owed. I sent in 3 checks, and my balance was never reduced. After this, I stopped paying on the account, and shortly moved out of state in order to go back to school.

    I pulled my credit report today, and it shows that the last payment made to the account was in Jan of 03. The statute of limitations expires Jan of 07, which is why I guess they are suing me now.

    I have student grants and loans right now, and am in school fulltime while I work part time. There is no way I can make payments or can afford to have my wages garnished as I am barely making it as it is. What should I do? Why did they send the summons to an address I have not lived at for almost 4 years?
     
  2. msthang77

    msthang77 Active Member

    They sent it to your old address because they were hoping you won't get it and they could get a default judgment on you, meaning you didn't show up to court so the judge just grants judgement in the plaintiffs favor.

    I would contact the county you lived in, find out when the court date is, ask to speak with someone letting them know you do not live in that county anymore and you can't show up, what do you do. Or you could let the judgment happen.....then file to vacate it, saying you weren't served properly (or at all in your case) and you had no knowledge of this action, and most likely it will get deleted.
    Good luck
     
  3. JT1232

    JT1232 Member

    Anymore suggestions? The old residence is a relatives house, will that make a difference?
     

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