I'm being sued out of state.

[goGetta]

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

A couple months ago I was living in New York, I recently moved to Missouri. I haven't been employed for 3 months. I admit, I have neglected my payments on debt collections. I had no income but I didn't tell them that, I just stopped paying.
So this debt collection agency "Selip & Stylianou LLP" is suing me, or is it Discover who is suing me? I'm not sure, it says "Plaintiff is Discover Bank".

Anyway, the summons letter was dated for May 10, and according to their letter I have 30 days "...after the service is complete if this summons is not personally delivered to you within the state of New York." I will not be able to travel to New York at all, I just started a job and I owe people money who floated me to live in their house. Anyway, I imagine I'm going to lose, get a default judgment against me, it is a real debt that I owe. I'm just wondering if I could talk to them and say "Hey... can you not do this... I just got a job, maybe I can start paying again..." ha.

The whole wage-garnishment thing sucks, because I may lose my job, and this hangs over you for a while, 10% of a paycheck for ~ $1,900.00 will take for me something like 63 months plus the fees or whatever. Also trying to get other job with a wage garnishment would suck.

What should I do?

Am I already being sued or in the process of being sued? This is a summons letter.

I thought I read somewhere that you could have up to like 3 wage garnishments before an employer fires you. If you did have the whole wage-garnishment thing, could you increase pay and speed up the process? I don't intend to stay at this job for 60+ months.

Thanks for any help.

I imagine the default answer is "Talk to a lawyer" but that's not in my budget, although losing a lawsuit is probably not in my budget either but again I'm pretty sure I'm going to lose because I have no case. I haven't been paying what I agreed to.

Also if I lose this lawsuit, I rent with a friend, will this lawsuit affect my friend since we both share the same house? I don't really have any possessions. I don't have a car, I have no money saved, I use old technology. Declare bankruptcy? I don't know. That takes money too right? Declaring bankruptcy?

 

[goGetta]

I received two sheets of paper in the letter, and aside from a "Balance Due:" There are no complaints/allegations specified. It's just a letter stating "You are hereby summoned to answer the complaint in this action..." but what is the complaint? Can I respond with that? Saying something like "These are the pages attached, what are the allegations/complaints against me?"

edit: actually I see it, I just have the "Consumer Credit Transaction"

 

[Dave1952]

It sounds as if you are being sued if you have received a summons. You may be able to go on-line and look up the court docket of the court to which you have been summoned. Or call the Court Clerk's office with the summons and have them help you look up the case files.
Your post is confusing. Are you already dealing with the collection agency?
If you owe $1900 and you lose the suit then you will owe for court fees and lawyers' fees, most likely. This may increase your debt to around $5000. Get on the phone with the collection agency and see if they'll work with you. Don't be surprised if they won't, though.
Your post makes you sound like a deadbeat.

 

[Zigner]

It sounds as if you are being sued if you have received a summons. You may be able to go on-line and look up the court docket of the court to which you have been summoned. Or call the Court Clerk's office with the summons and have them help you look up the case files.
Your post is confusing. Are you already dealing with the collection agency?
If you owe $1900 and you lose the suit then you will owe for court fees and lawyers' fees, most likely. This may increase your debt to around $5000. Get on the phone with the collection agency and see if they'll work with you. Don't be surprised if they won't, though.
Your post makes you sound like a deadbeat.

Just to clear things up. If the OP has been sued, then s/he already owes legal fees and court costs. If the case goes to trial (even if s/he doesn't show up) then s/he'll owe even more fees.

 

[latigo]

You have been badly misinformed. It is not the number of garnishments. It is the number of the debts that are being garnished. As federal law prohibits and employer from discharging an employee because of the garnishment of wages for any single indebtedness. See: Title III of the Consumer Credit Protection Act.

Also, in case you are interested in appears that the New York court is exercising extraterritorial jurisdiction over your person entitling it to issue a personal money judgment against you because of the state's long arm statute, i. e., transacting business in that state.

Of further of interest to you might be knowing that a judgment out of New York would not in itself authorize garnishment of your wages. First the judgment creditor would need to domesticate the judgment in Missouri. Meaning filing it in that state, serving you with notice of the filing and ultimately having it treated with the same force and effect as one issued by a Missouri court.

And then secure a writ of execution before garnishment could be pursued. It is not uncommon that the judgment creditor will opt not to go to that expense and trouble.

So don't panic yet!

 

[goGetta]

Well I called them up and they said that they would not follow through the lawsuit if I agreed and continued to pay the remaining amount that I owed. Some people told me not to tell them where I am currently living so I had to lie about that, yeah I know I'm not a fan of lying myself.

Yeah I guess I am a deadbeat for chasing my dreams and failing.

I acknowledge that I am at fault for not paying back what I borrowed. It's that thing of first going to college and there are credit cards! BUY BUY BUY!!! I know that I agreed to the terms and used them.

Anyway, I guess time will tell if I am not sued. I told them I was still living in the original state as someone suggested. But I'll get some papers in the mail and then I'll sign those.

Thanks for the responses

 

[goGetta]

You have been badly misinformed. It is not the number of garnishments. It is the number of the debts that are being garnished. As federal law prohibits and employer from discharging an employee because of the garnishment of wages for any single indebtedness. See: Title III of the Consumer Credit Protection Act.

Also, in case you are interested in appears that the New York court is exercising extraterritorial jurisdiction over your person entitling it to issue a personal money judgment against you because of the state's long arm statute, i. e., transacting business in that state.

Of further of interest to you might be knowing that a judgment out of New York would not in itself authorize garnishment of your wages. First the judgment creditor would need to domesticate the judgment in Missouri. Meaning filing it in that state, serving you with notice of the filing and ultimately having it treated with the same force and effect as one issued by a Missouri court.

And then secure a writ of execution before garnishment could be pursued. It is not uncommon that the judgment creditor will opt not to go to that expense and trouble.

So don't panic yet!

Based on what you have said, if I had told them that I was living in Missouri, although this is all hypothetical and I've already made a decision, would they have dropped the lawsuit?

Again I am at fault.

I just started working and I'm at that point where I owe a lot of people money and I'm worrying about being able to survive. I'm currently living on a friend's couch and I owe this friend money for my share of the rent/utilities.

I hope that the new payment plans/not getting sued is a good outcome.

 

[Zigner]

Well I called them up and they said that they would not follow through the lawsuit if I agreed and continued to pay the remaining amount that I owed. Some people told me not to tell them where I am currently living so I had to lie about that, yeah I know I'm not a fan of lying myself.

Yeah I guess I am a deadbeat for chasing my dreams and failing.

I acknowledge that I am at fault for not paying back what I borrowed. It's that thing of first going to college and there are credit cards! BUY BUY BUY!!! I know that I agreed to the terms and used them.

Anyway, I guess time will tell if I am not sued. I told them I was still living in the original state as someone suggested. But I'll get some papers in the mail and then I'll sign those.

Thanks for the responses

I have to be honest, your posts really don't make sense. If you received a summons, then you ARE being sued. I predict that, if you ignore the legal matters, then you will find yourself the subject of a default judgment. Now, if the summons was fake, then that is a violation of the law. I would really suggest that you at least consult with a local attorney for a review of all of the documents.

 

[goGetta]

I have to be honest, your posts really don't make sense. If you received a summons, then you ARE being sued. I predict that, if you ignore the legal matters, then you will find yourself the subject of a default judgment. Now, if the summons was fake, then that is a violation of the law. I would really suggest that you at least consult with a local attorney for a review of all of the documents.

I called the debt collector directly, is that "ignoring legal matters?" I talked to them and I agreed to a new payment plan and if I follow through with it they said they wouldn't go through with the lawsuit. I'm not sure if financially it makes sense on their end not to go through with the lawsuit and still get the amount that I originally owed.

The problem now is that I clearly stated that I was still residing in the old location and that I have to mail the letters from where I am currently living. One solution could be to send the letters to people that are living in that state and they mail it out from there but I'm not sure that I can rely on them. I'm also not sure that I'll be able to do it in time before the lawsuit goes through although they told me that since they are filing the lawsuit it is up to them regarding the time. So if I make payments I should be good. Damn... I mean mail can be delayed. Forwarding this letter from my old location to current took about 9 days so... I don't know. Time will tell I guess. Worst case, I lose, first wage garnishment. Long as I don't lose my job, I have a smaller paycheck, but then I'll have to see how that affects my future as far as being labeled as someone who was sued.

Is that mail fraud? I don't even know, I mean so long as they get their signed pieces of paper agreeing to the new payment plan and I pay the debt off, everything is square right? I don't know, I'd kinda feel ****ty involving a friend with mailing something from another state as if it originated from their state. All they'd have to do is mail the envelope with cash. No id required.

 

[Zigner]

I called the debt collector directly, is that "ignoring legal matters?" I talked to them and I agreed to a new payment plan and if I follow through with it they said they wouldn't go through with the lawsuit. I'm not sure if financially it makes sense on their end not to go through with the lawsuit and still get the amount that I originally owed.

The problem now is that I clearly stated that I was still residing in the old location and that I have to mail the letters from where I am currently living. One solution could be to send the letters to people that are living in that state and they mail it out from there but I'm not sure that I can rely on them. I'm also not sure that I'll be able to do it in time before the lawsuit goes through although they told me that since they are filing the lawsuit it is up to them regarding the time. So if I make payments I should be good. Damn... I mean mail can be delayed. Forwarding this letter from my old location to current took about 9 days so... I don't know. Time will tell I guess. Worst case, I lose, first wage garnishment. Long as I don't lose my job, I have a smaller paycheck, but then I'll have to see how that affects my future as far as being labeled as someone who was sued.

Yeah, you're going to lose.
Perhaps you shouldn't lie so much?

 

[goGetta]

Yeah, you're going to lose.
Perhaps you shouldn't lie so much?

Man I don't know if you're one of those Trolls.

I tried to ignore it but there you go again.

Power of the internet I guess, be anyone that you want to be.

 

[Zigner]

You seem to think that a phone call and a fake address is going to help. It's not.

 

[goGetta]

Well I will find out for myself then.

 

[Zigner]

Well I will find out for myself then.

I agree.

In case you missed my earlier post:

I have to be honest, your posts really don't make sense. If you received a summons, then you ARE being sued. I predict that, if you ignore the legal matters, then you will find yourself the subject of a default judgment. Now, if the summons was fake, then that is a violation of the law. I would really suggest that you at least consult with a local attorney for a review of all of the documents.

 

[goGetta]

I agree.

In case you missed my earlier post:

Well I will call the court and see if it is real. Even if it wasn't I'm still obligated to pay this debt.

I tried to find the lawsuit online but apparently the lawsuit might actually exist but won't be posted online until something happens.