Posted: Wed Nov 07, 2007 5:08 am Post subject: Sued for credit card debts - what to do?
what to do if you are sued for a credit card? _________________ Need help choosing the right loan? Get free consultation from community lenders/consultant
Are you being sued by the creditor or by the collection agency?
If it is still with the creditor then you may talk to them and settle on the matter. You can make a minimum payment and work out a debt reduction with them.
It will be better if you consult an attorney immediately otherwise bankruptcy might be the last option left for you.
Hi Nola, Jenkin brings up a good point, first and foremost know the agency suing you whether that be the original creditor or a collection agency. Additionally, you should seek legal advice no matter, and respond to whatever summons you may get immediately. You should be able to find legal counsel out there that is initially free. also I encourage you to visit the debt forums on this site and read some of the postings, there are several members on there that are being sued or have been sued and they share their experiences. very informative. I'm sorry you're going through this...please let us know if we can help further
Posted: Thu Nov 08, 2007 12:36 am Post subject: RE:
Hi Nola,
First and foremost I think you should check out the statute of limitations (SOL) for your state. The SOL is the time period within which the creditor has the right to sue you and not after that. The period starts from the date of any final activity on your account and not on the date of opening of the same.
After checking the SOL, you should meet an attorney and discuss your situation. He will advise you on what legal step you can take now.
How would he or she be able to find an atty that would be able to help him for free as debtstinker suggests? Maybe we can help the op out there. What state is your debt in?
okay nola...you are being sued presumably because you failed to make payment as promised in your original agreement with the credit card company. the easiest way to eliminate the lawsuit is to pay the bill. that will make it all go away.
i gather that you're not able to make payment in full at this time. your next step, then, should be to contact your creditor to see if you can work out an arrangement to repay the debt. of course, you need to follow through with that arrangement and actually make payments.
finding a free lawyer is not likely. you may not even need one if you act quickly enough and follow through with whatever arrangement you can make.
the key is paying the bill. _________________ George M. Akerley
Relationship Manager
First Horizon Home Loans
37 Jerome Avenue
Bloomfield, CT 06002
860-286-9133
www.gmakerley.net
I am assuming if it is the original creditor that it is still in SOL. Usually they transfer a debt after that has expired. At lrast this is what I've seen. First thing is first though...put the fear aside and make the phone call. You may be surprised how many OC are actually willing to work with the debtor honestly. It is when the debt is sold to a junk collector that it can become a nightmare.
do we all realize yet that the original post is from november of 2007? so here it is 6 months later and we haven't heard from the original poster. i sure hope someone who is merely observing and reading these posts is getting something from it, because it seems like the original poster vaporized. _________________ George M. Akerley
Relationship Manager
First Horizon Home Loans
37 Jerome Avenue
Bloomfield, CT 06002
860-286-9133
www.gmakerley.net