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Credit Card Mess


Kendra
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Oops! Back in 99-00 had 3 credit cards. Racked up about a total of 7-8,000. Was paying, but lost job due to huge layoff. Consolidated everything with a consumer credit agency, but eventually couldn't pay them anymore. Creditors didn't contact me (no statements or phone calls) HONESTLY until the end of this year. One company now has a judgment against me and I was never even issued a summons. I called the court and the clerk said there was no court date because the judgment was not issued by a judge, but by the lawyer for the collection agency. Well there first step was to freeze my checking account. Since then I received a letter titled info subpoena commanding i reply in writing to each question in questionnarie on reverse side of this subpoena, but there is nothing on the reverse side. The letter is not even signed, but looks like a copy. It also says failure to comply with the subpoena is punishable as contempt of court. I sent a letter prior to the judgment stating I wanted debt validation. Heard nothing. So now what?

1.) Am I going to jail for contempt of court?

2.) I cant pay anything right now make about $150/wk, do I file bankruptcy since my credit is so bad anyway?

3.) Statue of limitation is 6 years almost there, so just wait and pray nothing else happens?

4.) Do I have to tell them where I work and should I call them and tell them there is nothing to answer on the back of the subpoena?

5.) How could anyone get a judgment with a summons first?

and last of all:

6.) How come they are contacting me after such along time period?

Sorry so long. Thanxs for advice.

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Thanxs Kristy for the website your directed me to.

Unfortunately I still have questions:

What are reasons I list to vacate my judgement?

Never received summons?

Never received statements for any payments for over 4 years?

Never received response from credit collection company for debt validation?

Couldn't appear in court because there never was a court date?

Are these valid reasons to use?

Thanxs for any help anyone can offer, better yet has anyone been thru this and knows a good lawyer I can contact? Albany NY area.

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I never received a summons. One day I got in the mail a judgement that was filed with the court. I called the court and asked why I had no notification of anything prior to receiving the judgement. The lady on the phone said that the judgement was entered by the lawyer for the credit card company and was the information was never put before a judge, so there would have never been a court date to attend. I don't know if its legal or not and have no clue how to find out. I called the lawyers office listed on the judgement and asked them what to do. She said pay one lump sum and it will all be over. I didn't agree to that and stated that I had not received any statements from the credit card company in over 4 years. She said that because I knew I owed the debt it was my responsiblity to call the credit card company and ask for statements to be sent. Really does anyone do that? The bottom line is she said that now that they have the judgement in place that they had froze my checking account and will pursue with further legal action and she hung up.

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I've only taken paralegal classes, and I read alot, but, I just don't see how they can do this.

Why don't you post this in the "is there a lawyer in the house" section.

I don't know if there are any, but, as I said before, it just doesn't sound right to me...

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I'm glad your responding to my questions its nice to know someone wants to try and help. Hope I can do the same for someone when this is all over with. I am going to try and post to is there a lawyer in the house. Thanks again.

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Yes I contacted the court in my home town where the it was shown on the judgment that it was listed and I was told what my above post said. I don't know how it was done and I dont' think things were done legally, but I dont' know how to find out. Yes I received a letter from my bank stating my account was indeed froze. Any help on what to do next? Thanxs.

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This is the most insane crap I have ever heard in my life. What state do you live in!? I had a judgement vacated because it was entered against me while I was in basic training. The judgement was 3 yrs old when I sent the motion in and the judge still vacated it. All my dispute for vacating said is that I was in basic training and was never served notice to appear; I provided copies of orders and what not. Your case sounds insane though, go consult a lawyer, if you don't have money for that, call your states attorney general and have all the info ready. I've called the state attorney general before and trust me, they will get things done fast if you can present a legit case. It sounds like you have one, get legal help fast. If you contact the AG, ask 1. if a lawyer can even enter a judgement against you legally, 2. tell them about the court clerks conduct and what they said, 3. if you DV'd within 30 days of the initial notice and the lawyers never responded, then they violated the FDCPA...have proof of that ready. That's all I can think of.

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