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Served for credit card debt

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mcsisrod

Junior Member
What is the name of your state?

Texas

I was served with a Capital one Credit card debt suit, about 2 weeks ago, I have
not heard from the court with a appearance date, will they notify me? Since then
I have closed my checking account, I do not have the money to pay these folks off
I work 32 hours a week making 7$ an hour, I don't own anything that I can sell to
pay, I was told by the Legal Aid that I was Judgement Proof, can you shed some
light on this for me? These people want $4400 dollars for the debt, plus $984 for
interest and some thousand dollars in attorney fees?
 


Rexlan

Senior Member
You are not "judgment proof" and the morons that told you that are ignorant.

They will get a judgment against you and it will hang with you for 2up to 20 years, all the while accruing interest. Obviously you should not run up bills you knowingly can not pay. It may not matter to you today but it will at some point in time.

I will never understand why people do this or why they think that they just don't need to pay their debts. There must be a serious shortage in the gene pool and getting worse.
 

Some Random Guy

Senior Member
I was served with a Capital one Credit card debt suit, about 2 weeks ago, I have
not heard from the court with a appearance date, will they notify me?
When you were served, that was your notification of the suit. Look at what you were served with. You will have a time limit to respond to the suit.
 
You are not "judgment proof" and the morons that told you that are ignorant.

They will get a judgment against you and it will hang with you for 2up to 20 years, all the while accruing interest.
no, not all the while accruing interest, once charged off (as this probably is and or a judgement takes effect which probably will NOT the interest does not any longer accrue, I say probably won't become a judgement nor is there a court date and I would be highly surprised if there were. C.C. cos. cannot afford to sue in court ALL of these people. We are in terrible times. I have worked in credit for 28 yrs. and have YET to see a credit card bal. J.L. unless it was a very high unsecured one of say 20k or so.
Obviously you should not run up bills you knowingly can not pay. It may not matter to you today but it will at some point in time.
I am certain it matters to him now and the credit card cos. are the ones to blame for most of this, they hang out in college campuses giving away back packs to sign their dotted lines
I will never understand why people do this or why they think that they just don't need to pay their debts.
wow...hope you don't ever go through hard times and without getting the facts from the O.P. as to what exactly has happened, perhaps like millions of american's today ARE having to let their credit go to heck to save their homes
There must be a serious shortage in the gene pool and getting worse.
who's gene pool? YOURS
 

jblow

Junior Member
defend the suit

I would immediately file a notification to the court that you plan on defending this.

These bottom-dwelling debt buyers are retarded, and the majority of them file lawsuits that cannot stand up under any type of scrutiny.

If your local court has a CM/ECF system (electronic filing system) and they allow non-attorneys to get a login, by all means, get one, and start doing research by searching on the name of the plaintiff. Then, research as many cases as you have time for, and find defenses that have worked.

I recently researched a large number of cases for a relative, and I noticed a pattern where just filing an "intent to show-up at the hearing" notice, and actually showing up, was enough to get the case dismissed WITH prejudice(ie they lose the case forever, and cant refile). These scumballs seldom actually fight these lawsuits --- they just hope to win default judgments, and hope they can collect from most of them.

I didn't do the math or anything, but just not-defaulting seems to give you a **HUGE** mathematical chance of winning. Something like 90% of the people who tried to defend their case ended up eventually settling or getting the case dismissed. Those who used lawyers or used REAL defenses (either substantive (aka they provided proof they didnt owe it) or technical (where the lawyers made a mistake in filing the complaint) ) won 100% of the time. It's really amazing. and across like 300-400 cases, this is not a fluke. at least not against one plaintiff.

Research your state laws that discuss "insufficient specificity in the pleading" ...... usually these dirtbags don't have all the information they actually need to file. You can file a "preliminary objection" to the complaint, and force them to amend the complaint. Usually they have limited time to do so (30 days, it seems), and many judges will dismiss with prejudice if they go over the time...... It seems once you beat the first complaint, the lawyers give up. I noticed many cases where the case got settled after the first complaint was beat.

Contact the local lawyers associations if you aren't up to task. Some provide free or greatly-reduced fees for people that can't afford or disabled people.

Defaulting on the suit will make you a loser everytime. Dont default. Incidentally, if you happened to default, definitely go find a lawyer. It seems judges don't like to default and will often overturn/reverse them if you haven't gone too far over.

good luck
 

Rexlan

Senior Member
who's gene pool? YOURS

Perhaps yours if you think it is OK to stiff creditors and to tell people that they can because they are "judgment proof. This is somewhat reflective of social upbringing and the values people get from guess who. Hopefully you and jblow won’t be contributors.
 

Rexlan

Senior Member
I would immediately file a notification to the court that you plan on defending this.

These bottom-dwelling debt buyers are retarded, and the majority of them file lawsuits that cannot stand up under any type of scrutiny.

These scumballs seldom actually fight these lawsuits ---

usually these dirtbags don't have all the information they actually need to file.

Contact the local lawyers associations if you aren't up to task. Some provide free or greatly-reduced fees for people that can't afford or disabled people.
So you advocate stiffing creditors right? And anyone who tries to make you pay your debt or assume some responsibility for it is a scum ball, dirt bag or a bottom-dweller.

Then to top it off you are suggesting to get free legal assistance from an attorney who worked for their education and position, actually goes to work and pays taxes to assist you in this scam for free or for a reduced fee because you're a retard.

Hot dang ... that is cool :D
 
All I am saying is that there ARE extenuating (sp?) circumstances that may have caused this. Your calling this O.P. names, be-littling him even further as well as us...show your own true colors and character.
 
Then to top it off you are suggesting to get free legal assistance from an attorney who worked for their education and position, actually goes to work and pays taxes to assist you in this scam for free or for a reduced fee because you're a retard.

Hot dang ... that is cool :D
I suppose the brand new organization called F.L.A.G (foreclosure legal assistance group) right here in N.E. Ohio (that we are a part of) that is for Foreclosure assistance that has rounded up thus far, #45 attys. to do FREE legal aid to help these folks is bad too right? Also the many judges now behind this program and GROWING. That in one county the judge HAS made a blanket ruling haulting ALL foreclosures and is ordering all lenders and borrowers to mediation to give them IF NECESSARY a reduced rate...starting with not only the initial rate they began with but ALSO if put in an interest only program...the lender is now ORDERED to rewrite the loans to as low as 2 or 3% 30 YR. FIXED AND FULLY AMORT. if necessary to MATCH the initial payment? I suppose you think this is hurting the poor lender that gave them these "designer loans"???
I suppose that you think that this State alone of 50,000 foreclosures in process are the fault of the borrowers and they should ALL lose their homes? Do you NOT GET what predatory lending IS? That it is NOT just home loans but CREDIT CARDS TOO???

Who are you??? NO ONE
 
at the risk of getting back on track ...

what court are you in? In Texas, suits under $10,000 can be brought in small claims court (the citation you were sent will identify the court). If you are in a Justice of the Peace court (small claims), call the clerk and get the form to file an answer. You can do it very informally - even a letter will do, provided you clearly indicate that you deny the lawsuit. Make sure you clearly indicate your contact information, so the court can find you! Send a copy of the answer to the lawyer for the other side.

Next, you will get a letter from the court with one of two things: mediation or a court date. Either way, make sure you attend. Never, never miss a court date.

Once you file an answer, you can request that the other side provide you with verification of the debt and the fees they are attempting to collect.

Mediation will give you a chance to explain your circumstances and see if there is a way to work the matter out through a payment plan. If you can't pay, you can explain that, too.

If you don't solve it in mediation, you'll have a court date, where you can present any evidence that the debt is not yours or that the fees are not authorized. the court will then enter a ruling, called a judgment.

The creditor will be entitled to collect the judgment - however, in Texas, we have a long list of "exempt" assets (assets that can not be used to satisfy a judgment). If you only have exempt assets, you are "judgment proof". However, being judgment proof doesn't stop the legal process.

Good luck ...
 

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