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Sued by debt collector

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friendsofgreg

Junior Member
What is the name of your state? Fl.

In behalf of a credit card co...My last payments were in summer 2003...They charged me off july 2004... Now an attorney of the c.c. is suing me as a debt collector...the basis is about 2K with the late fees and finance it is now 3900. I called C.C. Co it is outa their hands... I'd have to deal directly with the lawyer representing them on this...

I do own my home and am current by the grace of my "friend"... I do not have a job per se... I can't pay it now as I have zero income...I hope to have some money by end of the year at which point I'd like to settle up with everyone...I have 2 other discover accounts that were given to bill collectors...My credit is of course toast...My car I need, it has a value of 2K I owe nothing on it...Before 2003 my credit score was over 700...
This is a summons for a pretrial conference...
I don't know what to do, but I'm sure if I let lawyer come from many miles away my 3900 will prolly become 5K
What are my options at this point ??? What will happen at this pretrial conference??? What does the Judge do??? Should I go??? It says if I don't go that I will have a default judgment... What is that??? What can I expect to happen???
I just made a settlement on one of my other cards as they had notified me that they were outa options and would have to give it attorney! I also have my mortgage with that co ... Well luckily I had some extra money and was able to negotiate the fees away and payoff actual bal I owed...
I have every intent of paying the card company...I just don't have it now! I know I owe it, I'm scared I don't wanna go to jail or anything like that...I wish I'd win lotto! Please give answers to my questions and advice... Thanks for your help!
 


S

seniorjudge

Guest
friendsofgreg said:
What is the name of your state? Fl.

In behalf of a credit card co...My last payments were in summer 2003...They charged me off july 2004... Now an attorney of the c.c. is suing me as a debt collector...the basis is about 2K with the late fees and finance it is now 3900. I called C.C. Co it is outa their hands... I'd have to deal directly with the lawyer representing them on this...

I do own my home and am current by the grace of my "friend"... I do not have a job per se... I can't pay it now as I have zero income...I hope to have some money by end of the year at which point I'd like to settle up with everyone...I have 2 other discover accounts that were given to bill collectors...My credit is of course toast...My car I need, it has a value of 2K I owe nothing on it...Before 2003 my credit score was over 700...
This is a summons for a pretrial conference...
I don't know what to do, but I'm sure if I let lawyer come from many miles away my 3900 will prolly become 5K
What are my options at this point ??? What will happen at this pretrial conference??? What does the Judge do??? Should I go??? It says if I don't go that I will have a default judgment... What is that??? What can I expect to happen???
I just made a settlement on one of my other cards as they had notified me that they were outa options and would have to give it attorney! I also have my mortgage with that co ... Well luckily I had some extra money and was able to negotiate the fees away and payoff actual bal I owed...
I have every intent of paying the card company...I just don't have it now! I know I owe it, I'm scared I don't wanna go to jail or anything like that...I wish I'd win lotto! Please give answers to my questions and advice... Thanks for your help!

Q: It says if I don't go that I will have a default judgment... What is that???

A: If you do not show up for court, the creditor will get a judgment for what he is asking for.
 

Ladynred

Senior Member
now! I know I owe it, I'm scared I don't wanna go to jail or anything like that
YOU CANNOT GO TO JAIL FOR NOT PAYING YOUR DEBTS !!!! (yes, I'm shouting that !)

Debtor's prisons were abolished in the USA over 100 years ago, so stop being scared.

You own a home in FL, that means you have a 100% exemption for your home, Discover can NOT TOUCH IT ! They can, however, go after bank accounts and any other non-exempt assets you may have. Exemption in FL for a car is only $1000, so you need to get a value on it ASAP - "blackbook" price,which is slightly less than trade-in.

If you have no income, no money in the bank, and nothing they can take from you, then.. well, they're NOT going to get anything- at least not now. Judgments hang around for quite some time, so they can keep coming after you to pay the judgment for 10 years or more.

If you are required to file an Answer to the Summons, then you MUST do so. If you are only required to go to the pre-trial conference, then you MUST go, otherwise they just win an easy default judgment. You probably will be given the chance to settle this at the conference.

Discover SUES aggressivley. If you have other unpaid accounts with them, they WILL sue you for those too.
 

askaridesign

Junior Member
I too am in a similar situation. I just recieved my summons for a 5 year old debt to Discover for $2000. I am in Colorado and was wondering if someone to advise me what options i have now. I have no assets. I work full time but just graduated from college and have student loans. What will happen when i go to court? I am able to pay this off but in small installments. Is it better to contact the lawfirm and settle this prior to court?
 
S

seniorjudge

Guest
Standard answer on expired SOL and/or validation and/or dispute letters.

SOL
http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!
 

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