Jump to content

maybe getting sued in alabama?


Recommended Posts

You're going to have to get way, way more specific. Such as, amounts they are alleging, personal income (that is a big deal in how you fight). In other words can you fight with a I have nothing to lose attitude or do you have things that can be taken via judgment.

Need to know dates opened, statute of limitations, any possible defenses, are the accounts in the hands of original creditors or junk debt buyers, are there any arb clauses, have any violations to speak of against them.

Your question is like asking how Alabama should prepare for the football game. Yes, they are probably going to win no matter what, but it all depends on the opponent. In this case we know nothing about the cards your opponent is holding and what type of team you have assembled.

Link to comment
Share on other sites

Account opened in 2005 or 06, don't know SOL how can I find out? taken over by Trak America, amount in question $5500, personal income from 30-40K salary no property. Jefferson county is in the mist of the largest municipal bankruptcy ever, they have a huge back logg because of lack of money and employees. I don't know if this matters. But it may explain why I haven't been served yet.

Link to comment
Share on other sites

I have received a couple of letters from companies asking to mediate an action taken by FIA services/ BoA. Haven't received a summons yet, should I fight this in Alabama or try to use their servies to settle before receiving it? How hard is this going to be?

Check your credit report to see if the OC is reporting. If they still own the debt, their entry will show that the debt's merely been charged off. If they've sold it, their entry will show "sold/transferred" or "sold to another lender"...something like that.

Your CR will also show the date of 1st delinquency. That will let you know if it's still within the SOL.

Link to comment
Share on other sites

CR states that it has been charged off and last date of payment was feb 2009. When I contacted Bof A they referred me to Trak America.

If the entry doesn't show that the account has been sold, then Trak America is merely the collection agency for BofA. It appears the debt is still within the SOL.

See if your court has an online court records search that will allow you to see if a suit has been filed.

Link to comment
Share on other sites

If it's on a JDC they probably won't sue you now, they might sue you later, before SOL applies.

Back in 2009 I got no job or money and got twins, so I abused the credit cards I got and when I got the tax refund I stop paying them. They call a lot the first 6-12 months, after that they just didn;t call so much. I defaulted on 5 credit cards and 4 of them went to JDC, one OC (Capital One) sue me and as they got the original contract and I was gonna lose anyway I let them have a default judgement. The JDC as of today never sue me, but my annual income is 20000, head of household with 4 kids, and I live in Florida, so no wage garnishment or bank account freeze etc. When they call me I just tell them do a summon, I got nothing. As of today no JDC sue me recently one offer me a settlement for 400 on a 2000 debt, I said no I can afford it I'm on food stamps!!

Things you wanna check:

1) What property is exempt form a debt. That is if they sue you what can they get, if anything. Like wage garnishment or a lean on your car or whatever.

2) Who owns the account if it's a JDB, and they could get something from you, let them wait, they will probably just sell your account to another JDC. One of my JDC account already change hands about 5 times.

3) State of Exemption (SOL), in your state.

If they want to sue they probably will do it before SOL a year or so, so be prepare to fight them back then and have some cash in case they got all the papers and can win.

Link to comment
Share on other sites

You've probably been sued already...

Check with the court to get a copy of the summons and complaint...use the time before you are served to construct an answer.

Getting served can take as long as it takes - sometimes it's the same day, sometimes it's 3 months after being sued...

Link to comment
Share on other sites

Alabama garnishment rules are found in Title 35 Chapter 11 Article 5. In general, Alabama follows the federal rules for the amount of a garnishment, which allows up to 25% of a worker's wages to be garnished. They can also raid bank accounts and seize personal property. It would be a shame if you didn't have any, wouldn't it?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.