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 07-20-2000, 11:19 AM
Ed1
Guest
 
Posts: n/a
Question

In 1995, I had excellent credit and my family members did not. As a kind (but foolish) jesture, I issued credit/charge cards to them where I was the primary cardholder. After several months of steady repayment, for whatever reason, they could no longer pay the debt. I could not pay the debt either, so the account was closed by the creditor, and I was stuck with the bill.

The original charges were $18,500, with penalties/interest it went up to about $21,000, and I began paying the debt through collection agencies. I currently owe $13,500. However, last week when I checked my credit report, I was informed that the creditor filed a civil suit and a judgement was made against me. I had no knowledge of this suit until now. The collection agency, that I made payment arrangements with, claims that they had no knowledge of the suit filed either.

Now that I know that the Civil Judgement was made, will I be stuck with a huge bill (for interest/legal charges) after I pay the $13,500 that the agency says that I still owe? Can I pursue a settlement with the credit agency (Hint: one of the collectors said that the debt, plus interest, is up to $38,000, and that I should settle the account at $12,000 at this time.)? Or am I stuck to pay this debt forever?
  #2  
Old 07-20-2000, 12:34 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Post

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Ed1:
In 1995, I had excellent credit and my family members did not. As a kind (but foolish) jesture, I issued credit/charge cards to them where I was the primary cardholder. After several months of steady repayment, for whatever reason, they could no longer pay the debt. I could not pay the debt either, so the account was closed by the creditor, and I was stuck with the bill.

The original charges were $18,500, with penalties/interest it went up to about $21,000, and I began paying the debt through collection agencies. I currently owe $13,500. However, last week when I checked my credit report, I was informed that the creditor filed a civil suit and a judgement was made against me. I had no knowledge of this suit until now. The collection agency, that I made payment arrangements with, claims that they had no knowledge of the suit filed either.

Now that I know that the Civil Judgement was made, will I be stuck with a huge bill (for interest/legal charges) after I pay the $13,500 that the agency says that I still owe? Can I pursue a settlement with the credit agency (Hint: one of the collectors said that the debt, plus interest, is up to $38,000, and that I should settle the account at $12,000 at this time.)? Or am I stuck to pay this debt forever?
<HR></BLOCKQUOTE>


My response:

Since you failed to tell us your State, we cannot tell you whether your Statute of Limitations has run out, in order for you to sue your relatives.

You might want to consider getting a free consultation with an attorney to determine whether you should consider Bankruptcy. You never said what your income was per year, or your debt to income ratio, so I can't help you to determine what your best course of action should be for your situation. So, see an attorney as soon as you can, and make a decision that's right for you.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited July 20, 2000).]
  #3  
Old 07-20-2000, 02:07 PM
ED1
Guest
 
Posts: n/a
Post

I do not want to sue my relatives. That is why I have taken ownership of the debt. My wife and I earn about $50,000 a year and have two children. We live in Massachusetts, but the Civil Judgement filed and made about two months after I moved from my former address in New York.
  #4  
Old 07-20-2000, 02:12 PM
ED1
Guest
 
Posts: n/a
Post

Correction: The Civil Suit was filed and Judgement was made approximately two months after I moved out of a former address in New York. I believe that the suit was filed without me being properly served with a summons to appear in court. Do I have any recourse to reopen this case since I had no knowledge of it at the time that it took place in New York? I live in Massachusetts now so I'm not sure what to do.
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 05:00 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.