Re: Re: Help! If you don't answer the summons, they will get a default judgment. If you do answer it and show up there is always a chance that the other side will not and the case will get postponed or dismissed. It costs a lot of money for lawyers to go to court, and more if they have to go back a few times, they might decide that it is not worth pursuing you if all they can collect is $1800. Most collection lawyers work on the principle that folks won't show up and that way they win automatically. The lady was right about lying - you don't want to do that. You said your job will start soon, but if you haven't officially started working when you go to court then you can truthfully answer that you are not working The clerk of the court will be able to help you file your response, They will have the form and will give you some advice, or sometimes you can just ask a lawyer in the court hallway and they will show you what to do. If they get a judgment, and you have a job and make over a certain amount of money, they will find out where you work, and they will go to court and get a garnishment order to take up to 25% of your take home pay You want to be careful never to let anyone know where you are working or banking if you have a judgment against you. The student loan people, any applications you fill out, you have to be careful to avoid them. If they *think* you are judgment proof today, make sure they keep thinking you are judgment proof in the future
Re: Re: Help! Pd11604, are you saying that now I shouldn't deny any of the complaints? In the earlier post, you said I should deny everything and make them "prove" that I owe. I really don't what approach I should take now.
Re: Re: Help! Decision: I've decided not do "anything". After speaking with the lady from Legal Services and another person....it's a lose-lose situation no matter what I do. Today, I was trying to contact lawyers for info. and possible represensation but I was worried how I was going to pay them...now I don't have to worry anymore. The thing is..it seems that everyone I "sought" advice from told me to do this and that and now all of a sudden they seem to be "backpedaling" from that same advice...I'm not going to stress myself out over this anymore. They can do whatever. I got bad credit anyway, so why "try" do something when I'm already "defeated". According to the Legal Services lady, I'm "assed out" no matter what I do. SO I'M NOT GOING TO DO A DAMN THING.
Re: Re: Re: Help! I meant you should not lie about your job status... You should go to court and answer the summons and deny owing anything unless the creditor can provide proof of the balance due, and proof that you owe the debt. There is nothing wrong with doing this. If you do nothing you will probably end up with a judgment and a public record on your CR. That will effectively prevent you from obtaining credit, a car or a home for at least the next 7 years. Also, even after it come off your credit report the judgment will remain in effect for 20 years, and it will be gathering interest too. The $1800 debt will grow to $15000 that you will eventually owe. When you do start working an aggressive collector will find out and garnish your bank account and salary By doing nothing you are not facing up to your responsibilities, and you will pay more for it in the future. If you did show up and face your creditor they might be willing to work out a payment plan with you since you say you will be starting to work soon. That would be a lot better deal for you than having lousy credit for the next 7 years, and a judgment against you for 20 years! good luck!
Re: Re: Re: Help! ck your SOL in your state for judgements - in SC they are not enforceable after 10 years -
Re: Re: Re: Re: Help! Yes you are right I was going by NY law It might be renewable though for another 10 years you should consult legal aid
Re: Re: Re: Re: Help! There's a chance they will not show up in court which will buy you some more time. I say you at least go to court and plead your case, for all you know they could have tack on so many fees that the original 1800 is now 3600. Plus take it from me you don't want to start a new job with a garnishment hanging out there. A lot of jobs have started checking your credit. You might very well lose this but a least try.
Pd1106, I did contact "Legal Aid"...she was the Legal Services lady I was referring to...she basically told me not to do anything about it. I live in MS...I think the statue of limitations is 3 years but I'm not sure about the other stuff. I will contact someone and find out. DaColdest, I am aware that some jobs check your credit history before hiring...let's just say I didn't get the job. My mother also tells me that some companies fire you once they find out that you have a garnishment on your wages. I'm having so much bad luck in my life right now...it's like a nightmare that I can't wake up from.
You don't need to LIE to DENY their allegations. I think that is part of the problem, separating the difference. To say that you deny the allegations because you can't recall this debt or this amount is not lying. You can't recall, and you need them to prove to you that it is yours and that the amount is correct, and that any interest that is added is within the bounds of the original contract and any state laws. If you've paid within the last three years, you're still within the SOL. If you haven't paid or promised to pay in the last three years, show up and state that it is past the SOL. It doesn't matter if it's your debt or not at that point.
Hedwig, the last time I made a payment was last year so I am within the statue of limitations. I spoke with another lawyer today and now he wants me to come into his office next week. He is basically telling me the same thing as the other people I spoke with-file Ch. 7 Bankrupt. He also said there's no need to file my response or "answers" to the complaint/summons against me because I "owe" the money. Like I said he wants me to come into his office next week to "see" what my options are but if I'm going to do something...I think it should be done before next week or whenever I go to his office...I only 22 days after today remaining and that's not counting weekends and holidays so that leaves me with even less time. I'm being told so many different things from the people online and the actual lawyers who are "supposed" legally advise you with the best options available..so far I'm being told don't show up in court, don't file a response, file bankrupt and get them off your chest. It seems that I've spoken to hundreds of lawyers-most don't "deal" with these cases and others just deal with bankruptcies so of course there advice is to set up an appointment and file bankrupt. Maybe that is my only way out...but of course that cost even more money that I don't have.
Re: Re: Re: Re: Re: Help! DaColdest, actually it more than $1800 now...they are charging me $1797.48 for the credit card balance which by the way is ran up because of interest rates and over the limit fees because of non-payment. Also, they added $599.16 for a sum of $2396.64 plus interest and costs.
Re: Re: Help! Click here: CREDITNET | Straight Talk | | Help! bump ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Never read the fine print. There ain't no way you're going to like it.
Thanks for *bumping*. I decided to wait a few more days...because I needed to make changes...the deadline is now June 18-at least from what I counted. I just hope I'm not getting myself in more trouble by trying to "file" answers on my own. So much for these dumbass lawyers around here!
