Summons to Court on Credit Card Debt

[rosier2000]

What is the name of your state? Florida.

I have received notice that I am being sued by a collection agency/lawyer for credit card debts. I am a single parent with two children and my ex owes me six grand in child support and has left me with lots of credit card debt. Last year after trying to pay mins etc, I quite paying as I did not have enough to live on. They are trying get a judgement on me for 8K of debt. I don't have any way of getting that kind of money, unless I sell my house and then, where would I live? I am afraid they will try to put a lien on my house. I have other debts that I am current on. What are my options? Help!

 

[Tayla]

Respond to the summons. Appear in court. Request a debt validation to the plaintiff who is filing this claim against you. A default judgement should be avoided. How old is this alledged debt? Is the ex-spouse on the account as well? How were you served?

 

[Ladynred]

FL has a 100% homestead exemption, so they cannot take your house.

Since you are a single parent, you are head of household (supporting children), so you can claim an exemption that will prevent them from garnishing your wages.

That leaves siezure of bank accounts and then non-exempt assets once they have a judgment.

Your options are as Tayla mentioned. Since you only quit paying a year ago, you're well within the statute of limitations (SOL).

Who is the creditor that's suing you ??

 

[rosier2000]

More info on debt collector.

Credit card debt is in my name only, ex ran it up and never paid a dime. I tried hard to keep up and was starting to drown. State is Florida.

It is a lawfirm/ debt collector representing Citibank. I asked for proof and they sent me back copies of statements. I haven't gone over that yet, but it that proof? The orginal debt ran up in 1998 by my ex. They want me to appear in court in July. Should I contact attorney to try to set up a repayment plan?

The bottom line is I don't have a lot that I can pay them with. I could offer a payment of 700. now and arrange a payment plan of 100. a month. I don't think they will go for that.

Thanks for your responses. I am at my wits end as I have really tried to hold on the home for the kids.

 

[Ladynred]

Should I contact attorney to try to set up a repayment plan?

That is most certainly an option you can use, just don't agree to anything unless you get an agreement in writing.

If required, you should still file your Answer to the summons, some of these collection lawyers play very dirty games so you don't want to take any chances.

Citibank is pretty aggressive at suing people, but that doesn't mean they won't negotiate.

 

[rosier2000]

Court July 6!

I would like to give myself more time as they sent the court notice by USPS instead of the orginal summons which was run through the sheriff's department. (I'm sure that was a scare tactic). I replied to it and requested proof. They send copies of statements, is that proof? I know it covers the SOL requirements. Should I ask for more proof? He did not include any original documents of the application etc. He is an attorney (debt collector) is Citibank his client? I don't have much money to offer for a settlement and really don't have anyone to lend me money. I'm stuck between the rock and hard place. I'm just would like to prevent a judgement agaist me. Thanks for all your help. You all do such a great job with all your advise, this sure is scary.

 

[Ladynred]

How many statements did they send you ? Did they send you ALL of the statements on the account from day 1 ?? Probably not, but how do you know EXACTLY how they came up with the amount they allege you owe ? Just a few statements is rarely enough to prove the total they claim. In a strict sense, a few statements doesn't cut it. Unfortunately, its probably more than enough for them to prove a 'preponderance of evidence' to a judge to get the judgment against you. Asking for a copy of the original agreement with your signature on it is also customary, but again, they may not have to do that to prove their case to a judge.

If you want more time, wait until the week before the court date and ask for an exetension on the court date. If they grant it, it might buy you a couple of weeks, maybe more. Just give them a plausible reason why you can't make the original date.

 

[rosier2000]

thanks

They sent a lot of stuff, but clearly not all. Most shows I was paying but not ringing up any new charges. They sent a questionaire for me to fill out and they have filed a motion to ask for a telephony hearing because the attorney is a four hour drive away. This tells me he didn't expect to go to court? I'm digging though all of this paperwork this weekend. I will try to stall. Thanks so much for your help, Ladynred. I have never been in such a bad spot.

 

[rosier2000]

Templates for homestead affidavid?

Florida. I have have been researching this. I have discovered that in Florida you can file an homestead affidavid protecting your home from creditors and as a single parent as I am, I need to also file a head of household affidavid. These truly protect me from creditors garnishing my wages. However, I have not found a guide or a template to word this properly so I can file it with the court house that Citibank is using to sue me for cc debt. Does anyone know? Thanks to all, you have been a great help.

 

[rosier2000]

More to the point

Here is a helpful website that explains this. It just doesn't tell you how to format the affidavit. I'll just wing it! Anyhow since court is in a couple of weeks I wanted to file these.

http://library.findlaw.com/1998/Dec/1/126478.html

Finally two more questions....
1) can you transfer you car title to someone. My car is paid for and is worth more than a $1000. It's 8 years old so it's not worth too much.
2) I have a little money in a 401K and I could take a loan out on it to offer a settlement, is that a good idea. It would be less than half of what I owe them, but my employer would take payments out of my paycheck.

Thanks