16 Yr old Son Received summons for husband credit card collection debt??

[LUGGER26]

What is the name of your state?Illinois
I hope someone can give me some advice. My husband owes a credit card debt in the amount of 2800.00 and doesn't deny the debt, but heres the issue. My 16 yr. old was handed the summons to appear in court next week regarding this debt so we phones the attorneys office handling this and agreed to make payment on this account. They told us in order to enter into an agreement then we would have to pay 252.00 per month which would be fine. the problem I have here is the court date is still next week and the attorney office states that since we made an agreement to pay that would be a judgement by default and when the bill is paid they would take the judgement off our credit. Any advice would be helpful since we are trying to get out credit straight and I don't trust these collection companies.

[debtcollector`]

You don't trust the collection companies??? How about the creditors that trusted you? The collection company is going to everything they legally can to collect the money you owe their client. They are under no obligation to provide you with legal representation.

If you signed an agreement, without understanding what it means, you take a big risk. Before signing any kind of agreement the enters a judgement -- talk to a lawyer -- that is a real one, not the people on this board that spout baised advice. (Yes that includes me -- I think that if a person runs up a bill they should pay it -- period.)

If the CA told you that you didn't neeed to appear in court, why would you take that risk. Your son has been summoned -- he must appear and you are legally obligated to present him.

As to trying to get your credit straight -- feed the hungry dogs first. If they are taking your family to court, dontcha think that maybe they deserve a higher spot in the food chain?

Here are my rules for people trying to get out of debt:
1. 10 percent of everything you make is yours to keep.
2. 20 percent of everything you make is divided amongst your creditors
3. You live on 70 percent of your income and stop charging any thing.

It is that simple.

DC

[LUGGER26]

I am not trying to get out of the debt number 1. Number 2 they served my 16 yr old son who I am not gonna take out of school to appear in court and number 3 we haven't charged anything in 3 years. There are times in life when people run into money problems and our being that our daughter developed epilepsy and the bills were so high we had to take care of those. I was just asking for advice not ignorance.

[Ladynred]

Ok.. wait a minute. Is the Summons and Complaint against YOUR HUSBAND or against YOUR SON ??

If its against your SON that is just absolutely WRONG. If you're saying the process server just gave the Summons TO your son for his FATHER, that's a different story.

Your SON is NOT responsible for your husband's debts and unless your name is on that account, neither are you !

NEVER trust a collection agency/attorney. Their goal is to get money - period. They will lie, lie, lie just to GET that money too. If you don't get that 'agreement' in writing, they will screw you over eventually, they will deny the existence of any 'agreement' if you don't have it in writing FIRST.

Oh.. and don't believe that crap about them taking anything off the credit reports, they won't do it. Once they've got their money, you'll never get anything else from them. IF you get an agreement in writing, make SURE that it contains something that says you will get a letter of satisfaction filed with the court once the debt is paid in full.

[LUGGER26]

Originally Posted by Ladynred

Ok.. wait a minute. Is the Summons and Complaint against YOUR HUSBAND or against YOUR SON ??

If its against your SON that is just absolutely WRONG. If you're saying the process server just gave the Summons TO your son for his FATHER, that's a different story.

Your SON is NOT responsible for your husband's debts and unless your name is on that account, neither are you !

NEVER trust a collection agency/attorney. Their goal is to get money - period. They will lie, lie, lie just to GET that money too. If you don't get that 'agreement' in writing, they will screw you over eventually, they will deny the existence of any 'agreement' if you don't have it in writing FIRST.

Oh.. and don't believe that crap about them taking anything off the credit reports, they won't do it. Once they've got their money, you'll never get anything else from them. IF you get an agreement in writing, make SURE that it contains something that says you will get a letter of satisfaction filed with the court once the debt is paid in full.

No it is for my husbands debt. The collection attorneys wanted to even know if I worked. My name is NOT on this account. Also, should he appear in court on Tuesday and pay the 120.00 filing fee? Would it be better to do this and then ask them to give it to him in writing?

[debtcollector`]

Originally Posted by LUGGER26

I am not trying to get out of the debt number 1.

Great, then what's the problem with my posting?

Originally Posted by LUGGER26

Number 2 they served my 16 yr old son who I am not gonna take out of school to appear in court and

Wrong answer. If he has been sommoned to court you must bring him to court. You could be placing yourself in criminal legal trouble for not doing so -- do not trust me -- talk to a laywer, but the last thing you want to do is ignore a summons.

Originally Posted by LUGGER26

number 3 we haven't charged anything in 3 years. There are times in life when people run into money problems and our being that our daughter developed epilepsy and the bills were so high we had to take care of those.

That's why debt collectors offer to work out payment plans and bankruptcy is available.

Originally Posted by LUGGER26

I was just asking for advice not ignorance.

I don't think you are ignorant -- just taking a big chance by ignoring a summons. As for advice, you got the advice -- if you don't agree with it, that's up to you.

DC

[Ladynred]

Number 2 they served my 16 yr old son who I am not gonna take out of school to appear in court

You say its your husband's debt.. they why would you have to take your SON out of school ?? Just because the process server handed the summons to the kid doesn't mean HE has to appear in court.

My advice - go to court anyway. Its likely you'll have a chance to come to an agreement and/or settlemetn before you even see a judge. Just don't go away from there without everything in writing and for what you can AFFORD. Make sure it includes that letter of satisfaction once you're done paying if you go that route.

Once they get a judgment, don't count on them only relying on your payments and if you miss or are late, they WILL go after your bank account and his wages.

[LUGGER26]

Since we did agree to make our first payment this friday which they will take out of my bank account by ach debit what does my husband do when he goes to court on Tuesday? Should he call the law firm again and ask if he could get the payment plan in writing or does he tell the judge that they already took 250.00 dollars towards a payment agreement? We also have to pay 120.00 to file our appearance. does this sound normal?

[debtcollector`]

Originally Posted by LUGGER26

We also have to pay 120.00 to file our appearance. does this sound normal?

No. Filing fees are usually paid by the party bringing the action. Then court costs are typically included in the award if the case is won.

DC

[LUGGER26]

In chicago you have to pay 120.00 it says in the summons to answer to the judgement.

[exocompusa]

This happened to me a while back. I was sent a summons to appear in court for my fathers debt. The reason was specifically because my father and I both have the same names "sr" & "jr" and maybe the case here. No child, specially one that is under age is responsible for their parents debts. I'm sure once the child does appear in court and stakes claim to he is, the whole thing will be thrown out. I don't know law in Illinois, but in California, the spouse is usually the next best target, specially if he or she is working or has real estate.

[exocompusa]

Realizing that this ordeal was first posted by lugger26 a while back and it's more than likely resolved, I can only offer (since I would like to get involved in this forum) information I find not subject to accuracy ~ bet helpful I hope nevertheless. First off, I would say, it doesnt seem enthusiastic to get a reply in this particular type of subject from anyone with a member name that depicts "debtcollector" and I can only ask that those that are indeed "debt" collectors refrain from giving me advise to any particular subject I may post. I did want to post for those new to the forum and in the case this subject thread is anything like the problem their experiencing some information I've come across :
Illinois Statutes of Limitation

Breach of contract for sale under the UCC: 4 years.

Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay.

Domestic judgments: 20 years, but can be renewed during that 20-year period.

Foreign judgments are the same time as allowed by the laws of the foreign jurisdiction.

Tolling: A person's absence from the state or during the time that an action is stayed by injunction, court order or by statutory prohibition tolls the time limit.

Non Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expired first: 810 ILCS 5/3-118

[LUGGER26]

Originally Posted by Ladynred

You say its your husband's debt.. they why would you have to take your SON out of school ?? Just because the process server handed the summons to the kid doesn't mean HE has to appear in court.

My advice - go to court anyway. Its likely you'll have a chance to come to an agreement and/or settlemetn before you even see a judge. Just don't go away from there without everything in writing and for what you can AFFORD. Make sure it includes that letter of satisfaction once you're done paying if you go that route.

Once they get a judgment, don't count on them only relying on your payments and if you miss or are late, they WILL go after your bank account and his wages.

They will go after MY Bank account? The bank account is in my name only and not his at all? I thought illinois was NOt a community property state? I know they can go after his wages, but how can they go after my bank acc ount?

[Ladynred]

My bad.. I kind of assumed you would have a joint account. No bank account that is ONLY in your name will be vulnerable, but anything with BOTH names on it will, and certainly your husband's bank account if he has one. As long as your name isn't on the judgment, they can't touch your assets, IL is NOT a community property state.

Credit cards are NOT written contracts.. they are open-ended agreements as defined in the Federal Truth in Lending Act.

[LUGGER26]

Originally Posted by Ladynred

My bad.. I kind of assumed you would have a joint account. No bank account that is ONLY in your name will be vulnerable, but anything with BOTH names on it will, and certainly your husband's bank account if he has one. As long as your name isn't on the judgment, they can't touch your assets, IL is NOT a community property state.

Credit cards are NOT written contracts.. they are open-ended agreements as defined in the Federal Truth in Lending Act.

Ladynred I was wondering if I paid my husbands first payment on this arrangement thru my personal bank account can they now freeze my bank account now that they know my personal information?