Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-13-2002, 06:53 PM
betsykay
Guest
 
Posts: n/a
Unhappy

Citi/Discover/AMEX


To Anyone Who Might Know,

What are the odds of CC companies coming after me? I have ~$15,000 with 2 cards that are serviced by the same company (CITI and the Universal card). The DSVR is about $5700. AMEX $2000.

Anyone had any experience?

The forum is great fun, Thanks to everyone that has already participated!

Betsy
  #2  
Old 03-13-2002, 08:11 PM
Senior Member
 
Join Date: May 2001
Posts: 6,455
Citi and Discover have a reputation for collecting aggressively. As to your chances of being sued, it just depends on what they think they can collect in a reasonable period of time.
  #3  
Old 03-13-2002, 08:52 PM
gottago
Guest
 
Posts: n/a
It depends on the state you live in. Some card issuers are more agressive in certain states, since collecting on a judgement in certain states is easier.

In any case, AMEX probably won't sue in any state, since the amount is so low. Also, if you don't pay them, AMEX will never give you a caed again, even when the debt falls off your credit report.
  #4  
Old 03-13-2002, 10:03 PM
betsykay
Guest
 
Posts: n/a
Thanks for the input!

I live in Colorado, do you know if that is easy or hard?
  #5  
Old 03-13-2002, 11:01 PM
gottago
Guest
 
Posts: n/a
I don't know much about CO law...maybe someone else here can fill in the blanks.

Basically, your chances of getting sued are better if the creditor has a good chance of collecting. I would want to know if CO allowed wage garnishment, is a primary home exempt, etc.
  #6  
Old 03-14-2002, 05:17 PM
totallybroke
Guest
 
Posts: n/a
Go to this website http://www.lawdog.com/states/co/sta3.htm to check out the exemptions and garnishment laws of CO.
  #7  
Old 03-14-2002, 09:55 PM
betsykay
Guest
 
Posts: n/a
I am not exactly sure what this means, can they garnish me? Actually, does anyone know if they will?

The earnings of a judgment debtor generally may be subject to garnishment for the satisfaction of a money judgment. (C.R.S. 13-54.5-103) However, garnishment on wages or replevin goods prior to the entry of a judgment is prohibited for payment of any debt arising out of a consumer credit sale, consumer lease, or consumer loan. (C.R.S. 5-5104.)

Garnishment may be a lien and continuing levy against the earnings of a judgment debtor due for ninety days following service of the writ or for ninety days following the expiration of any writs with a priority under section 13-54.5-104. (C.R.S. 13-54.5-102.) The maximum amount which may be garnished may not exceed 25% of the individual's disposable earnings for that week, or the amount by which the individual's disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 of the United States Code in effect at the time the earnings are payable, whichever is less. (C.R.S. 13-54-104.)

An authorization to confess judgment by a debtor on claims arising out of a consumer credit sale, consumer lease or consumer loan is prohibited under the laws of the State of Colorado. (C.R.S. 5-2-415, 5-3-407.)
  #8  
Old 03-15-2002, 09:27 AM
totallybroke
Guest
 
Posts: n/a
Yes they can garnish your wages in CO if they receive a judgement. Discover card most likely will try from what I have heard from others, don't know about Citibank although in CO they tend to try because they can garnish your wages.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:55 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.