gravelgirl66 Posted September 30, 2004 Report Share Posted September 30, 2004 Assest-- I have read alot of other posts about them, and they sent me a stack of papers 2inc. thick. and the guy had me sign something? on a Saturday with my daughter screaming in the back ground for heaven's sake Anyhow, that was like 2 weeks ago, they said I have 20 days to reply? I don't even know what this stuff means other that I had a cc with Providian and it was charged off two years ago, Now they want their money. I am to file bk next year, but in the mean time what if they get a judgment, will that ruin me forever,? I know the bk wipes me out from paying the debt, but isn't that worse to have a public record on your credit? I dont know what to do I am so worried. I don't have the money to file bk; owe my att. still 1k, so I make payments then he will file for me? I am scared and I dont know what to do--Please Help-- Link to comment Share on other sites More sharing options...
anti-something Posted September 30, 2004 Report Share Posted September 30, 2004 ok, first thing you need to do is answer the summons.if you dont answer, they get a default.you need to go thru all their allegations and one by one deny or admit them. such as it will say something along the lines of 'gravelgirl66 is a resident of whatever county' if its true then admit it.most things, you will want to deny, like where it says 'gravelgirl66 had CC #96847363 with OC opened whenever' you would say 'defendent is without sufficient knowledge to admit or deny the allegation and leaves plaintiff to provide proof thereof" (this is just an example) Link to comment Share on other sites More sharing options...
LadynRed Posted October 1, 2004 Report Share Posted October 1, 2004 Here's a site that can help you file your Answer:http://www.legalhelp.org/affirmative_diffense.htmhttp://www.legalhelp.org/answering_complaint.htmYou might want to read a lot of the other info on that site, it explains a lot.What state are you in ? Are you sure it was charged-off 2 years ago ??Do you own a home or have other assets ?? Link to comment Share on other sites More sharing options...
gravelgirl66 Posted October 1, 2004 Author Report Share Posted October 1, 2004 I live in Florida-. All three credit bureas say-- OC Providian they have one on their, for DOLA 12-2001, Charge-off, Account Transferred or Sold:then Asset has theirs on their with a diffrent balance: Consumer disputes this account info. Collection Acct. Type of Acct. Open.I don't own anything but an old 85' truck - I rent, and I pay on another car. So I guess I don't really have any assets. I am worried they can garnish my wages, but I thought that in FL, they could only garnish for alimony, or child support. Not CC's. Do you know> I can barley make it on what I make now. Thanks for all your help-- Link to comment Share on other sites More sharing options...
LadynRed Posted October 1, 2004 Report Share Posted October 1, 2004 Not true, they CAN garnish wages if they have a judgment against you. The only real exemption to garnishment in FL is if you're head of household. Are you sure of that DOLA ?? The SOL doesn't start with the charge-off, it starts at least 6 months BEFORE charge-off. Its important to be certain of the dates, ASSet will LIE! ! Link to comment Share on other sites More sharing options...
gravelgirl66 Posted October 4, 2004 Author Report Share Posted October 4, 2004 I am sure on the Date. All three bureas say-DOLA 12-2001; I assume I am head of household, I am married, but my husband is incarcerated. And I take care of our child. I responded to the summons, but I could probably borrow the money to pay my attorned, but, this will be my first year to get a large tax return, and I was told the gov't would take it from me If I file now too. So I don't know--I was hoping to try and pay off my car with that. I know I feel Like I am spilling my guts here, but I have never been in this situation.-- Thanks again for all your help== Link to comment Share on other sites More sharing options...
LadynRed Posted October 4, 2004 Report Share Posted October 4, 2004 You are considered head of household if you provide support of 50% or more for your dependents. I'd say you qualify since your husband can't possibly provide ANY support for either of you.If you file BK now, and you're expecting a large refund, you can expect the Trustee will take it from you. If ASSet wins a judgment, you will have the HOH exemption to keep your wages safe, but your bank account is wide open. You home - if you own one - is 100% exempt. Link to comment Share on other sites More sharing options...
ynkewmn Posted October 5, 2004 Report Share Posted October 5, 2004 Hey Lady, Recovering, DocDon,CALaw, Admin,,,, help me out here...Can she go to court and ask for a continuance so to at least stall for time?She needs help to learn how to file Pro Se or obtain councel! Just thought I would mention it. One would assume that this is a hearing? Link to comment Share on other sites More sharing options...
admin Posted October 5, 2004 Report Share Posted October 5, 2004 I would file some discovery back, ask for production of documents etc. If you look at the link of "If you're suing or being sued for some other good links on documents to this.". Link to comment Share on other sites More sharing options...
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