got a civil warrant. What should I do?

What is the name of your state?TN

I need some help,this problem started about 5yrs ago when I got pregnant and I had to quit work due to health issues with my child at birth,so the only income me and my husband had was his,he decided to let 2 credit cards go unpaid due to we did not have the money coming in to make the payments,well we settled with one of the company's to pay 40% of the amount and they took it,the other one was for $14000 and we offered to pay them $6000 in July 2004 and they refused,told him the only way they would except that is for him to also make another pymnt of $3000 30days after the $6000 payment,he told them there was no way he could do that so the man told him I guess he would see him in court and hung up on him,well he recieved a civil warrant last week and we do not know which way to go,we do not own any property and we really just live from pay check to pay check,what do you think we should do?please help?

[ihatearizona]

When did you make your last payment to the Original Creditor?

I am thinking the last payment we made to them was March of 2000.

[ihatearizona]

Well, from what I could find the statute of limitations on debt in TN is 6 years so you are unfortunately not going to be able to use an affirmative defense.

You will need to attend the court hearing and you most likely will end up with a judgement against you.

I hope someone else on this board can offer some good strategy to help you.

[Ladynred]

Are they suing you in General Sessions court or circuit court ??

Have you asked for any proof of the debt and what they are claiming you owe ?

You'll have to file an Answer to the Complaint, and you'd be better off going to court, don't let them have an easy win. You will be given the chance to negotiate a settlement or payment arrangement before you go before the judge.
If they win anyway, in TN you can request that you be allowed to make payments thru the courts in lieu of wage garnishment. When you do this, you take all your financial info to court -all income, assets and expenses/debts and the judge will determine what your payments would be. This is actually better than letting them just get 25% of your pay with a wage garnishment.

We don't have the best exemptions in TN, but they're better than some, and its unlikely they'll be able to take anything from you if they go that route.

yes they are suing in general sessions court.

Well I am going to say if I taken in all our debt's we pay each month and expense's we just about come out even,what will they do in that case?

only thing that I have that is paid for is a motorcycle and a truck and at this time I am trying to sell them to get money to help us finanically.Can they take these things from me?

[Ladynred]

The exemptions for personal property in TN is $4,000. If you can exempt your car and the bike along with all your other things for $4k, then you're fairly safe.