How to fight a judgement

[pyakey]

What is the name of your state (only U.S. law)? GA

I had a credit card which I paid off in 2006 and asked several times for the credit card company to close my account. After making several calls they said my account was closed. Six months later I get this credit card in the mail. Thinking it was a credit card that I already had an account with(they look similar)and not even thinking about the other card,,,since I thought it was closed. I used the card. Then I get the statement in the mail. Well imagine my surprise. I started paying it again. Really upset with myself. About 3 months later the company I worked for went bankrupt and I had to find employment. My payments fell behind. I called all my credit card companies and worked out payments. When I get to this company they had already assigned it to an attorney. I call the attorney and try to work something out and they said they would call me back. I never heard from them again until I was served papers to go to court. I am going to fight this and just wondering what I should do. I know to file with the court and those procedures and I am writing a letter to the attorney. But then what. Any info would be most helpful.
pyakey

 

[JETX]

I am going to fight this and just wondering what I should do.

Depends.. what are you planning to use as a defense against their claim?? From your post, it sounds like you don't have one.

I know to file with the court and those procedures and I am writing a letter to the attorney. But then what.

Buy a new suit. Polish your shoes. Go to court on the date/time set. Prepare yourself for the court to issue a judgment against you for the amount owed, PLUS legal fees, PLUS court costs, PLUS interest.

 

[kandrt30]

I would make sure that everything that your saying, is the truth. Everytime you call your credit card company, your call is logged into your account and all the calls are recorded. If you request the acct. to be closed, then it's closed. Normally you don't have to call more that once. Working for a credit card company, I can say that this isn't really adding up. The account would have to be more that 280 days past due before collections will even sell your account to another collections agency.

 

[Antigone*]

I would make sure that everything that your saying, is the truth. Everytime you call your credit card company, your call is logged into your account and all the calls are recorded. If you request the acct. to be closed, then it's closed. Normally you don't have to call more that once. Working for a credit card company, I can say that this isn't really adding up. The account would have to be more that 280 days past due before collections will even sell your account to another collections agency.

Kandrt30 you don't have to tell every single OP that you work for a credit card company. It is actually getting old and it does not add to your advice being any more credible.

 

[JETX]

I would make sure that everything that your saying, is the truth. Everytime you call your credit card company, your call is logged into your account and all the calls are recorded. If you request the acct. to be closed, then it's closed.

There isn't a 'credit card company' in the world that would close an account with an outstanding balance on it.

Normally you don't have to call more that once. Working for a credit card company, I can say that this isn't really adding up.

With the number of ignorant responses you have made on the issue of credit cards.... and your repeatedly saying you 'work' for a credit card company, IF YOU DO, you must be the janitor or the mail clerk. YOU HAVE NO KNOWLEDGE of how the credit industry works.

The account would have to be more that 280 days past due before collections will even sell your account to another collections agency.

Most card creditors will carry a debt for up to 180 days before moving it to the 'write-off' (non performing) ledger.

 

[pyakey]

Thank you for all your replies even the sarcastic ones.
After preparing my answer on the judgement I pulled all the credit reports that I had to show this account going back to 2006. May 2007 this acct shows a closed status and a zero balance and in Sept it shows lost or stolen...which I never told the credit card company. So I guess the big question is how did it go from closed to lost or stolen????????
I appreciate the real advice but my account was not even 90 days past due when I called to work it out and was told it was with the attorney. I have proof of that as well. Also I have closed several credit cards while still having a balance on them.
Thanks again for all the replies!!

 

[Zigner]

Buy a new suit. Polish your shoes.

I hear some of the department stores are still offering credit accounts...oops!

 

[Zigner]

Thank you for all your replies even the sarcastic ones.
After preparing my answer on the judgement I pulled all the credit reports that I had to show this account going back to 2006. May 2007 this acct shows a closed status and a zero balance and in Sept it shows lost or stolen...which I never told the credit card company. So I guess the big question is how did it go from closed to lost or stolen????????
I appreciate the real advice but my account was not even 90 days past due when I called to work it out and was told it was with the attorney. I have proof of that as well. Also I have closed several credit cards while still having a balance on them.
Thanks again for all the replies!!

What did you claim as your defense?

 

[pyakey]

That I never asked the card to be reopened. I am willing to go half way on this but the SOLE responsiblity is not mine. Why does a credit card company have the right to reopen a closed account mind you with the same account number. Usually with any type of an account a closed account is just that..CLOSED. If an account is reopened then it has a new account number!

 

[HomeGuru]

That I never asked the card to be reopened. I am willing to go half way on this but the SOLE responsiblity is not mine. Why does a credit card company have the right to reopen a closed account mind you with the same account number. Usually with any type of an account a closed account is just that..CLOSED. If an account is reopened then it has a new account number!

**A: I guess you do not understand the process. You charge, you owe. It's a very simple process.

 

[pyakey]

You are right...and I am going to pay but not in a judgment state. I guess looking at the economy now it is only credit cards you have to pay if you owe....everything else is another story!

 

[ecmst12]

I don't see what the account number would have to do with anything. You bought the stuff, you have to pay for it. ALL of it, and the interest, not just half. No one held a gun to your head and forced you to use the card.

 

[pyakey]

Ya know what forget it...thought this would be a site for sound legal advice. I know no one held a gun to my head. If you had read the whole thread you would have seen that I thought it was a credit card from another company that I did have an open account on. They looked quite similar. I used it not even thinking it was the one for a closed account...when I realized it was not that card I thought it was I stopped using it and paying it...but I guess you are too interested in saying I owe. With credit card companies there is no room for error!!!!
Hope your job is real secure working for THAT credit card company.

 

[JETX]

Also I have closed several credit cards while still having a balance on them.

Isn't ignorance grand??

You did not CLOSE those accounts with balances on them. You CANCELED them. They are NOT the same thing. Simply, canceling an account means you can't charge to that account any further.
An account is not CLOSED until it is paid in full... and either the credit holder requests it to be closed... or the credit granter closes it due to inactivity.

 

[JETX]

With credit card companies there is no room for error!!!!

Of course credit card company's, just like everyone else, makes mistakes. However, there is NOTHING in your posts to even suggest that THEY were in error. In fact, your own post says the mistake was YOURS ("I thought it was a credit card from another company that I did have an open account on. They looked quite similar. I used it not even thinking it was the one for a closed account").

What mistake do you think the credit card company did??