MBNA has sued my friend for a $6,000 credit card debt. Their lawyer refuses to take payments for the amount owing. Wants the entire amount paid or will file attachment on her car. Has anyone on the board had experience with MBNA, or been sued by them? If so, please provide info. Is it common for them to sue rather than turn it over to a collection agency?
Not exactly sure what they mean. Since my friend hasn't filed a formal answer to the lawsuit ,I'm thinking MBNA hopes to get a default judgment, then take her car for monies owed since that's the only asset she has.
What state? When did your friend default? A credit card is unsecured - depending on the state, there are only certain assets they can take, if they should win a judgment against your friend. I doubt that they can take the car. Usually they can garmish pay, freeze bank accounts, and place a lien against real property. A good website with instructions and forms for answering lawsuits is http://www.nwjustice.org/law_center/consumer.html Although it is a different state, the info is pretty much the same. I would check the forms and courts rules in your state, to make sure that everything is filed correctly. MBNA is mean. They will sue, they will take you to arbitration, and bulldoze their way to a judgment. Expect it, plan for it. The one advantage is that they do not expect a fight. They sue 100's of people at once, and most of them do not fight back. If your friend has a lot of other debts and no way to pay them off, he/she may want to consult a good consumer or bk attorney.
