Help Me! I'm Being Sued by a Debt Collector!

[bigd1982]

What is the name of your state (only U.S. law)? New Jersey

I just got a letter say I am being sued by a collection agency for my old cc debt, not much, only about $3k, but I can not afford it at this time and I can not afford an attorney either. Also, let me add that I have not paid this debt for two reasons. First, the collection agency would never work with me to set up a monthly payment plan, they always demanded full payment which was not reasonable. Second, after being harassed and threatened by this company, I stopped trying to communicate with them and settle this debt a while back. Third, although I make a decent amount of money per year, between my living expenses and child support, I am barely able to afford my bills now (and all but I would say $50 a month are for life's necessities: food, housing, car to get to work, etc.)

1. I have recently moved and no longer reside in the county that this suit was filed, what do I do to get the location changed?

2. What are my options regarding this suit?

3. Can I take any action regarding the harassment and threatening calls?

4. If I go to court and lose, how much of my wages can they garnish?

5. Do they have to take into consideration the fact that I can probably only afford $100-$150 a month (which i offered to pay this collection agency many times before ceasing contact with them) without losing my apartment and make the collection agency accept a monthly payment?

6. Can I get a lawyer that will not charge me to represent me? (It can not be a low income lawyer unless they take into consideration your net income after paying for the necessities)

7. How do I find out information about my original account?

8. I am pretty sure this cc was opened in 2000 and payments stopped sometime in 2002 due to a job loss and I know the statute of limitations in my state is 6 years?

9. Does the statute of limitations go by where I currently reside, where the debt collection agency suing me is located, or where I lived when I originally opened my cc account?

10. If I have to resort to it, can I fight this case with the fact that I was harassed and threatened by this company? (They harassed me and my family by calling me and my family at all times of the day, they called relatives and told them I owed money, they refused to stop calling my family after being told I no longer lived with them, and much more including calling me a criminal. They threatened me by saying that they would sue me and I could go to jail if I did not pay off my debt immediately. These things were done over two years ago and they wonder why I refused communication with them.)

If you can answer any of these questions, it will be very helpful and please don't preach about paying off your debt, I am willing to do that, I want to do that, but I can not afford to pay it as a lump sum, even if they offer a settlement.

[dn4192]

Hi, I have been there, twice I have been sued. First time I didn't go because work wouldn't let me off, so I had a garnishment placed against me and it was paid off that way. The second time I went, spoke with the attorney's and set up a payment plan and paid it off. Basically you are going to pay, the amount is up to you. If you go, take all your bills and pay stub. Be ready to show the court you income and bills. Tell them you are willing to pay on it and what you can afford. Now they may say bills X, Y or Z are not "life" bills and you will pay X. Which then means you stop paying other bills or you file Bankruptcy and get out under from all of it.

[seniorjudge]

#5: No.
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