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Creit card suit (CO)

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H

hil

Guest
What is the name of your state? Colorado

I am being sued by a credit ard company for I card I had some years ago (the total is for 1,180 the max on the card was 600)
but besides the point, I am guilty as charged, I just was in a place where I needed it...it may have been over three years, but is it from when they sold the debt or it when they closed the account
I'm not sure...I forgot about it to tell you the truth...So what should I do...do have rights in this matter and would bankruptcy protect me until I can afford the settlement

B) If should show up...what do I say...I have no knowledge of how old this debt is ( I am sorry...I have been a musician for sometime and sometimes the things we do to get by, catch up with us) Can I ask the court because I have no documents...do they have to provide them if i raise the question.

C) Is garnishment legal in the state of colorado and is it automatic
if guilty plea is entered...do I have anyway of defending my paycheck if I cannot arrange terms within limits of poverty.

D) Are there limits to amount they can garnish...I have been ill
and make 12,000 a year as an educator part time...It would severly affect my ability to live
 
Last edited:


JETX

Senior Member
"should I just let them enter the guilty plea by my absence"
*** That would depend on whether you intend to mount a defense to their claim or the amount being claimed. For example, you say that this debt was from "some years ago". How many?? If it is more than 3 years, then the SOL has 'tolled' and the debt has expired. Also, you may not feel that the amount is correct.

"as I am barely making enough to put food on the table and roof over my head"
*** That would be a poor excuse to not argue a valid defense.

"I have no assets except a job and i make hardly enough at that"
*** But that judgment will last TWENTY years and can be renewed, with interest. Do you really feel that you will be judgment proof for all that time???

"what can I do...will they garnish my wages...do they have the legal right"
*** Yes, they would have the right to garnish your non-exempt wages.

"what are my options"
*** You can ignore it and get a judgment, or you can argue against it (if you have a defense), or you can file bankruptcy.

"cause I am broke but I have never declared bankruptcy?"
*** See above.

"I guess the point I am getting to can just duck these people. because I dont care about my credit but can they garnish my already lean income"
*** Gee, with that attitude, I can see how you got in this trouble.
 

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