Yusuke Posted February 14, 2005 Report Share Posted February 14, 2005 If anyone can help it would be appreciated. I am being sued by a Credit Card Company for the amount of my credit card + Late Fees and Interest + $300 for lawyers fees. I made contact with the lawyer and tried to negotiate a form of payment with them. They offered me an amount I am incapable of paying. I have no wages to garnish and no assests for them to seize. Im a college student and have no money. Is there anything I can do at this point. I've already read the debt resolution article from creditinfocenter and it helped me understand what can be done, but the attorney I spoke with will not budge. I have never been sued before and I have absolutely no idea what to do. Please Help!!! Link to comment Share on other sites More sharing options...
Recovering Attorney Posted February 14, 2005 Report Share Posted February 14, 2005 first, you have to answer the complaint, else they will taek a default judgment. If you are in school, see if your school has a student legal services office. They may be able to represent you. If not, let us know, we can help with an answer. There is no reason, at this point, for the lawyer to budge. But with ha little organization, you may find a way to make them be more responsive to you. Link to comment Share on other sites More sharing options...
Yusuke Posted February 15, 2005 Author Report Share Posted February 15, 2005 Thanks, for the help, I contacted a legal aid organization and the lawyer instructed me not to file and to just let them judge in default. He said that the worst they could do is send a writ of execution to seize property. I live in PA and I guess from what he tells me they can only seize up to $300 in property does this sound like good information????? I thought it was kind of strange to just let them win like that. Any advice would be helpfull. Link to comment Share on other sites More sharing options...
anti-something Posted February 15, 2005 Report Share Posted February 15, 2005 do you dispute anything in their complaint? like is the amount incorrect, or they charged too much interest?or do you agree with everything they have alledged against you? Link to comment Share on other sites More sharing options...
admin Posted February 16, 2005 Report Share Posted February 16, 2005 Thanks, for the help, I contacted a legal aid organization and the lawyer instructed me not to file and to just let them judge in default. He said that the worst they could do is send a writ of execution to seize property. I live in PA and I guess from what he tells me they can only seize up to $300 in property does this sound like good information????? I thought it was kind of strange to just let them win like that. Any advice would be helpfull.That is the worst advice I've heard. He obviously just wanted to get rid of you. I say fight this, since they are taking you to court. What proof have they offered about anything? Link to comment Share on other sites More sharing options...
Yusuke Posted February 16, 2005 Author Report Share Posted February 16, 2005 Actually I do not dispute anything. They are absolutely correct. I was making payments on a regular basis, then a back injury I has sustained some time before started to become problematic. I ended up having to quit my job and alot of circumstances later, I was unable to make payments (about 6 months). Before I knew it, I was being sued in a court of common pleas. As far as proof goes, they are dead on, they are suing me for exaclty what they said. Problem is that I tried to make payment arrangements with their lawyer and they refused on several occasions. They arrangements they were willing to agree upon are the ones that THEY set and I am just completely unable to afford the amounts set forth. As for the lawyer I spoke to, he said that since I have no wages to garnish and no assests (Im a college student living at home). That the worst they could do is claim up to $300 worth of property to sell and that If that were to happen he would be able to get it all back. Like I mentioned I live in PA and this was the advice given to me. It sounded kinda strange that I would just let them win by default, but since Im not protesting any of the information that they are suing me on, I wasnt sure if he was correct in his asssumption that you cant get blood from a stone and that the credit card company would feel the same way. Any more help would be appreciated. Thanks to everyone so far. Link to comment Share on other sites More sharing options...
booger69 Posted February 16, 2005 Report Share Posted February 16, 2005 File an answer. When you go to court try to get them to settle on some payment plan that works for you. You might have to get the judge to convince them that going after someone who is judgment proof is a waste of time & MONEY for the creditor. Tell the lawyer good luck getting any assets worth $300 that isn't exempt! They won't do that because taking & selling something isn't going to get them any money but will end up costing them more because they have to pay a sheriff or another officer of the court to get the stuff. That lawyer sounds like the a-hole lawyer that I am getting ready to teach an "economics lesson" to on Thursday. Good luck! Link to comment Share on other sites More sharing options...
Yusuke Posted February 16, 2005 Author Report Share Posted February 16, 2005 Ths is going to sound like an odd question, but what kind of property can they take?? Since I live with my parents Couldn't I tell the Sheriff (assuming the credit card company files for a writ of execution) that the property is my parents and that legally he cannot seize it to satisfy my debt? Im just not sure how they can distinguish between what is mine and what is my parents. Also since they can only claim up to $300 can I just pay it in cash and not have to worry about them seizing assests? Link to comment Share on other sites More sharing options...
booger69 Posted February 16, 2005 Report Share Posted February 16, 2005 Tell the lawyer you will pay the $300 & THAT IS ALL. If he wants to get the judgment...let him know he will have one hell of a time collecting it. It seems to be a little game lawyers play when they file a lawsuit, they act like they have some type of control over the issue. Fact is, a judgment is difficult to collect on and they KNOW IT! Let the lawyer know you KNOW IT too! Link to comment Share on other sites More sharing options...
admin Posted February 16, 2005 Report Share Posted February 16, 2005 Actually I do not dispute anything. They are absolutely correct. I was making payments on a regular basis, then a back injury I has sustained some time before started to become problematic. I ended up having to quit my job and alot of circumstances later, I was unable to make payments (about 6 months). Before I knew it, I was being sued in a court of common pleas. As far as proof goes, they are dead on, they are suing me for exaclty what they said. Problem is that I tried to make payment arrangements with their lawyer and they refused on several occasions. They arrangements they were willing to agree upon are the ones that THEY set and I am just completely unable to afford the amounts set forth. As for the lawyer I spoke to, he said that since I have no wages to garnish and no assests (Im a college student living at home). That the worst they could do is claim up to $300 worth of property to sell and that If that were to happen he would be able to get it all back. Like I mentioned I live in PA and this was the advice given to me. It sounded kinda strange that I would just let them win by default, but since Im not protesting any of the information that they are suing me on, I wasnt sure if he was correct in his asssumption that you cant get blood from a stone and that the credit card company would feel the same way. Any more help would be appreciated. Thanks to everyone so far.All of this is irrelevant to the case. Their lawyers have to prove lots in order to get a judgment. Plus this will be on your credit report for 7 years. That lawyer obviously is an idiot. If they got a judgment you would keep all of your property - no one goes after this kind of thing. They seize bank accounts and garnish wages. PLUS this judgment accumulates interest over the years til you pay. If they've filed a case against you, they are serious and they dont' care whether or not they can get blood out of a stone.You're asking us for advice, and we're all telling you to fight this. It's probably for a reason. Link to comment Share on other sites More sharing options...
anti-something Posted February 16, 2005 Report Share Posted February 16, 2005 and dont forget judgments are renewable, this thing could be haunting you for years and years..put in an answer denying all, well except your name, if it is correct, and ask for strict proof all amounts alleged.did you ever have 'credit protection' insurance on this account? have they sent you a complete billing statement that shows you all fees and interest charges from the beginning to end? Link to comment Share on other sites More sharing options...
Yusuke Posted February 16, 2005 Author Report Share Posted February 16, 2005 No, Thats the strange thing, I only information I got was a paper from the court of common pleas saying they were suing me for my past due account plus their lawyers fees and at the end of the packet is "exhibit 1" which is nothing more than my credit card agreement statement. Theres no bill or anything. Whats really weird is that I stoped making payments in June on a card witth a $500 limit and now I owe them 1597.35??? Thats seems like an excessive amount of interest and late fees. Im not sure though, I have to re-read my agreement and figure out how they caculate that. And my card wasnt even maxed out, I had been making payments on it for almost a year and a half, I stop for 6 months and they sue me. Seems a bit excesssive to me. I guess Im going to call their lawyer again and make them send me a complete report of purchases and billing info. Can they really keep collecting after decision is made??? I checked the CIC pages and in Pa it says that they cannot keep suing me for continous due. Any ideas? Link to comment Share on other sites More sharing options...
anti-something Posted February 16, 2005 Report Share Posted February 16, 2005 i dont know PA law, but if you are in the least bit unsure about the charges, you must get in an answer denying the allegations! i dont know what sort of court you are being sued in, or if this is the original creditor, a lawyer representing the original creditor or a collection agency.. but really, fight it, you *may* get the amount reduced, or even get their case thrown out if they are attempting to charge you more than you truely owe. there are laws covering what they can and cannot charge..this 'agreement' they included, did it have your signature on it?are they sueing on account stated? or what? Link to comment Share on other sites More sharing options...
Yusuke Posted February 16, 2005 Author Report Share Posted February 16, 2005 No, their information included in the packet did not have my signature, as a matter of fact when I started college, I was just issued the card (Discover) and I never signed for anything. They are suing me in a court of common pleas. I also read that it is a violation of the FDCPA to sue someone before even sending them a validation of their debt and that I could actually sue them for damages up to $1000 is this true?? The only notification that I got from discover card was when I was served the papers saying that I was being sued in a court of common pleas. Anyone know anymore about this?? Link to comment Share on other sites More sharing options...
anti-something Posted February 16, 2005 Report Share Posted February 16, 2005 ok, well they havent proved this is yours, that you agreed to these terms or anything then.do you know WHO is suing you? how much time to you have to get your answer in? Link to comment Share on other sites More sharing options...
Yusuke Posted February 16, 2005 Author Report Share Posted February 16, 2005 Yeah, the only thing that has my name on it is is the letter of complaint and all it says is that the Plaintiff is a corporation with offices at such and such an address and goes on to state the rest of the complaint and at the very end it says plaintiff demands judgement against *ME* in the amount of $1,594.35 with interest at the legal interest rate of 6% per annum from the date of judgement plus attorneys' fees of $300 and costs. The only part that says who the plaintiff is is an attatched exhibit 1 which states my Discover card agreement that I never signed for. Link to comment Share on other sites More sharing options...
anti-something Posted February 16, 2005 Report Share Posted February 16, 2005 well, i'll say it again, answer the complaint, or they will get a default.you can dispute the attorneys fees, the amount of the debt, demand a full accounting of ALL fees and charges, say the interest rate they had been charging is incorrect, lots of stuff. but you must answer the complaint.many people here will be happy to help you write out your answer. Link to comment Share on other sites More sharing options...
Yusuke Posted February 16, 2005 Author Report Share Posted February 16, 2005 Thanks to everyone for all their help, I REALLY appreciate it!!! Im just contacted a lawyer who said that they did Indeed violate the FDCPA and that not only would he take my case for free, but he would make sure it gets thrown out in court and I apparently have the possibility to sue them for their violation up to $1000. Whoopee! Thanks again everybody. Link to comment Share on other sites More sharing options...
anti-something Posted February 16, 2005 Report Share Posted February 16, 2005 sweet! good job on finding a lawyer. Link to comment Share on other sites More sharing options...
freebase Posted February 20, 2005 Report Share Posted February 20, 2005 I don't know what laywer you had but in PA the only ones that can seize property or garnish wages is state,local, federal taxes-govt student loans, child support and union dues. They can get a judgement but it ain't worth the paper it's on. NO WAY TO COLLECT. Link to comment Share on other sites More sharing options...
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