DEBT COLLECTIOn

I got a loan from Casshcall in July 2007.
I defaulted on payments after i got laid off from my work on August 2008.they have tried to collect despite knowing the fact that my wife and kids and i, we were homeless and i was looking for work.fast -forwarding to 2011. i got a call from this collection agency who (i guess must have bought the loan back from Cashcall)
they called me trying to get a payment . i told them that i do have a job but i could still not be able to afford to pay due to our living expense.
I finally received a letter from their collection lawyer asking for the payment or risk to be sued.they finally served me with a summons to appear in court.
what i bring in as an income after tax is just enough to pay for our rent,food,gas,car's insurance for a family of 6 ,mean , my wife (who doesn't work) and my 4 small children.
What kind of right do i have ? and if i show to court .what do plea or say to the judge ?
will i need to provide proof of all my expense such as rent receipts,bills receipts?
Thank you kindly for helping with these questions?
Irene

Comments for DEBT COLLECTIOn

Click here to add your own comments

Aug 16, 2012
DEBT COLLECTIOn
by: Debtcollectionanswers.com

So sorry to learn about your situation. Sounds like you are just barely keeping your head above water.

You should definitely show up in court to state your case to the judge. Explain your situation -- what you told me in your question -- and bring with you any documentation you have that helps proves your financial situation. It sounds to me like even if the judge gives the collection agency a judgment against you, you may be what is called "judgment proof". In other words, you don't have anything that the agency could go after to collect the judgment amount.

If there is a legal aid office in your area, you may also want to schedule an appointment with an attorney there to get more specific advice. Good luck.


Jun 29, 2015
Help
by: Anonymous

I had an apartment under my name in New Mexico I had to break the lease because I was moving to Tennessee. My aunt told me she gave the payments. I never received a letter from the apartments saying that I owed money or anything and now it shows up on my credit score as a debt collector is there anything I can do to fix this?


Reply from DebtCollectionAnswers.com:

The damage may already be done, but there are a few things to consider:

1. If the amount is substantial they may try to sue you for the balance. So if it's not very old you may want to consider settling it to put it behind you. (It's also possible they may do nothing and the statute of limitations may expire - hard to know which way they will go.)

2. You can always try to negotiate to get it removed in exchange for paying it. We talk about this in more detail in our ebook which you can get for free here.

Click here to add your own comments

Return to Debt Collection Questions.

Learn how debt collection laws can help you!
This website does not provide legal advice.
All information is for educational purposes only.
Copyright 2007 - 2016 by Mary Reed and Gerri Detweiler.
All rights reserved.