Being sued, where do I start?

[malya2006]

Hi, I just need some advice. What happened was someone came knocking on my door today, actually banging, he obviously knew I was home because the tv was on and my car was in the yard. I didn't answer it because my gut instinct was not to answer to strangers. I was home alone with my two kids. So I waited it out and he finally left and left a note on my door. The note had my name on it telling me to call so and so who was a "constable" for my state for "re:important documents." The guy even came back again an hour later and was banging on my door and my window!!! My kids were scared to death. I was considering going to have a chat with him about how rude he was being but I didn't want my kids to see me in that situation. So I believe I am being sued. I get collection calls constantly but I usually avoid them. I'm pretty sure it was over this credit card that I opened up 2 years ago. What happened was I had a call from a person who doesn't even speak English from somewhere in India offering me a credit card. I couldn't really understand her she read me a disclosure over the telephone. At that time I wasn't working so any credit card seemed good for me. After I said to "I agreed" (big mistake), they sent me out the card. I didn't even activate it because I had changed my mind. A week later they billed me for an annual fee of 175.00!! I didn't even use the card or activate it. The credit limit was only 300.00. I was in a bind one week and I used it for groceries and gas. I started to pay the minimum and then they said my bill was up to 800 and change!! I refused to pay for it since I felt like I am being ripped off. I don't know how to find out if I'm really being sued or not. I think I am because of the guy that came over to try to serve me. I also had a letter that was fed-ex to me from a lawyer's office but I didn't sign anything for it. I am so scared and nervous right now. I don't want them to garnish my paycheck or my bank account. I live paycheck to paycheck and I just felt like I was being screwed because they took advantage of my naivety. How do I work out arrangements to pay them without going to court? I won't be able to pay much because I just started working part-time because I just found out my son has autism and I need to be at home more. I don't know what to do but I'm scared we're going to have no food on the table or no where to live if they garnish my checks or my account. Please help!

[AISLE4]

Before they can garnish or take anything they have to win a lawsuit. That is not going to happen immediately. You haven't even been served yet. Folks here will be able to help you respond to the summons and direct you to info that can help you.

If you are not sure who it is that is trying to serve you, go down to the county courthouse and find out who has filed against you. They will show you any paperwork they have. Many county courts now have this info online too. If you can't find the info online, call the county court and ask them if they have the info online. They will direct you to the appropriate web address.

Even if you do have to deal with a judgement, garnishment can only be a percentage of your pay and you have to meet a certain threshold of income. You may be in a situation where garnishment isn't even possible.

First thing to do is find out who is suing you...or if you are even being sued. I wouldn't suggest entertaining the idea of settlement before you have all the details.

[swirlgirl]

You will also want to pull all 3 of your free credit reports at https://www.annualcreditreport.com/cra/index.jsp. This will show you who is reporting the debt and for how much.

[malya2006]

ok I finally got served. I was sick of this guy banging on my door. I don't even know what to do on this paper he said I had to give an answer within 20 days but to who and how?? Basically it wasn't for something else that I initially thought it was for. It was for a loan I took out in 2002 for 4500.00.

I really don't know what to do..where do I start? How do I give an answer? Should I just settle and contact the lawyer?? I just looked at the SOL and it's 10 years for my state =/ what now?

[merrybucks]

Go to the stickys and read Q's to answer before posting. This will help all of us help you. Also read the info on being sued. You need to become informed.