coffeerox Posted January 3, 2008 Report Share Posted January 3, 2008 First I just want to say hello to all of you who may be reading this, this is my first post here and I stumbled onto it through google reading one of the articles on the main website.Onto my problem. Well about end of 04, beginning of 05, I ended up with a 500 limit on my credit card account. It got to the point where paying them the minimum wasnt sufficient and I was unemployed, running out of money and I really needed the money that I was going to pay them so I just stopped paying them. Fast forward to the present, about 3-4 collection agencies later, I'm now being required to show up in court in about 20 days. The latest collection agency (a law office) has been calling me non-stop until my phone had been turned off and every time I talk to them they are always making me feel like crap whenever it concerns my employment and it greatly offends me. It doesnt make any sense to treat people like crap especially when they want you to pay up.So anyways, now, I have a huge host of problems that I just have no idea how to proceed on. The court in which they require me to appear and defend is in Suprise, AZ, where I am unable to reach due to no transportation and no bus line. Also I'm flat broke, I barely have enough money for bus and I have no income, so unless I somehow win the lottery in 20 days, theres no way I can make it over there. They also want me to pay 39 dollars filing fee, and send them a letter (answer) of admit/deny, explaining my situation, and thats also something I can't do either because I can't foot the 39 bucks.What my question is, what will happen if I ignore this and they obtain a judgment? I've heard that my future wages could be garnished and they can seize any assets and/or bank accounts but the thing is, this account is an open account and is unsecured credit, which means its not tied to any asset. I don't own any property so there isnt any property to take. At this point, what else is there that they can do to me? If possible, any way I can get out of this (or delay) w/o having to pay the collector? I'm especially wondering about how I can delay them long enough for the statute of limitations to kick in. I think that the reason they did this at this time, is because they have 1 year (or less) left to collect and they are suing me in the hopes that I get a job soon enough to get their money. Link to comment Share on other sites More sharing options...
chelseagirl Posted January 3, 2008 Report Share Posted January 3, 2008 If they already sommoned you to court, there is no way you can delay and count on the SOL. You have already been summoned so that means they beat the SOL. If you do not show or at least answer, they will get a judgement. If they do, they can garnish future wages and bank accounts. A judgement will stay on your CR for years. Hopefully an expert will chime in with more valid info!!! Good luck! Link to comment Share on other sites More sharing options...
coffeerox Posted January 4, 2008 Author Report Share Posted January 4, 2008 garnish my bank accounts too? Does that mean they can take money whenever they feel like it? Link to comment Share on other sites More sharing options...
xtrememom Posted January 4, 2008 Report Share Posted January 4, 2008 garnish my bank accounts too? Does that mean they can take money whenever they feel like it?Sure does when they got my hubby and son confused they share the same name ones a Sr and ones a Jr, but the Bank account we had has never had Sr on it never bothered to change it since the account is 30 yrs old.Son never uses "Jr" Without verify SS #'s etc They garnished my hubby's bank account because of the same name, same addy for a Judgement on my son for felony court fines he never paid and probably never will considering he is back in jail on more felony charges.Yes they will come after you future bank account balances and wages.I suggest since it seems you have no income you go to legal aid and get an attorney through them to represent you and see if they might be able to appear for you if you cant. I have physical disabilities and dont get out much and it takes a lot to get me out of the house and recently was sued for something not mine and legal aid helped me win the case, I never set foot in the courthouse, but I have extenuating circumstances. Good LuckXtremeom Link to comment Share on other sites More sharing options...
isislc Posted January 4, 2008 Report Share Posted January 4, 2008 Thanks Extrememom, I was trying to think of who could help her but couldn't until I saw your mention of Legal Aid. Yes, look up in the phone book for Legal Aid, since you are unemployed, you should be able to get help in someome representing you. Also, they want 39 for the filing fees? I would say that you should be able to submit an answer without sending in filing fees. We don't have to do that here in our state. No matter what the situation is, if you can't get Legal Aid and they have a court date, show up no matter what! They will rape any bank accounts you have and although the account is not attached to any real property, they can still force you to sell property to satisfy the debt or even do future garnishments on any jobs you may get. In this day and age, some employers don't take well to having their employees garnished and tend to dismiss them when this happens. Link to comment Share on other sites More sharing options...
EdwinRamos Posted January 4, 2008 Report Share Posted January 4, 2008 There's this site I found, I would send them an email with your situation, maybe they can help you find a lawyer in your area...http://www.probono.net/ their email address is in the help section...Good Luck Link to comment Share on other sites More sharing options...
Fozzle Posted January 4, 2008 Report Share Posted January 4, 2008 I also recommend speaking with an attorney, I agree that you should look into legal aid. Now what I'm about to say IS NOT an attack or a criticism, but it's a suggestion based on not knowing anything about your personal situation except for the fact that you're unemployed. You should be able to reach a settlement with this company before the court date (usually, neither creditors nor debtors really want to go through the entire lawsuit process), and may be able to arrange a payment schedule. However, based on the fact that the original debt was "only" around $500, I would suggest getting a temp job (filing, data entry, phone bank, etc.) for a little while in order to pay it off. Again, that may have already occurred to you, but I had minimal info to go on. Also many jurisdictions will waive the court filing fee when you submit the proper hardship request, and the courthouse in Surprise may also have an 'appear-by-phone' option. Good luck to you. Link to comment Share on other sites More sharing options...
coffeerox Posted January 5, 2008 Author Report Share Posted January 5, 2008 You should be able to reach a settlement with this company before the court date (usually, neither creditors nor debtors really want to go through the entire lawsuit process), and may be able to arrange a payment schedule.I called them on the day of, and she offered a stipulated amount, but since I'm unemployed I didnt have the money to pay it.Also many jurisdictions will waive the court filing fee when you submit the proper hardship request, and the courthouse in Surprise may also have an 'appear-by-phone' option.Thats nice and all but the clerk said nothing about this when I told her my situation. She was the one who recommended sending in an answer +39 dollar check.I would suggest getting a temp job (filing, data entry, phone bank, etc.) for a little while in order to pay it off. Again, that may have already occurred to you, but I had minimal info to go on.I'm working on it but I dont think I can get one fast enough to make the minimum payment. That alone takes 2-3 weeks since itll take the first week for interviews and such and the week after to start work and then the week after to get paid.I suggest since it seems you have no income you go to legal aid and get an attorney through them to represent you and see if they might be able to appear for you if you cant. I have physical disabilities and dont get out much and it takes a lot to get me out of the house and recently was sued for something not mine and legal aid helped me win the case, I never set foot in the courthouse, but I have extenuating circumstances. before I came here I had already applied for legal aid. I found it through a Q&A thing on google where people were in a similar situation. They asked a whole bunch of questions and said it would take 5-10 business days for a response. I'm hoping that someone will represent me because I think that this is shady that they hit me right before SOL and despite me telling them that I don't have a job and I have difficulty finding a job they keep putting me down everytime I call or talk to them. Even if I did have the money I wouldnt pay them because of how badly they treat debtors. I'd rather be garnished than have to argue and tell them off because they have poor attitude to people that owe them money. Link to comment Share on other sites More sharing options...
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