received a summons to appear in court. for owing a credit card 8000.00 what can they do and take

by Paolo
(Los Angelos)

I AM VERY STRESSED OVER THIS AND NEED TO KNOW CAN A CREDIT CARD COMPANY ACTUALLY SUE ME IN COURT? WHAT CAN THEY TAKE FROM ME, CAN THEY GET INTO MY BANK ACCOUNT, CARS, AND WAGES? WHAT CAN A CREDIT CARD COMPANY DO TO ME AND CAN THEY SUE ME/
YES, I OWED THE MONEY BUT HAD TO EAT AND I WANT TO KNOW CAN THEY SUE ME AND TAKE MY POCESSIONS IN THESE TIMES, IT IS NOT EASY. AND WHY DID THEY SEND THE SUMMONS IS IT A SCARE TACTIC OR WHAT. NEED TO KNOW FACTS.

Comments for received a summons to appear in court. for owing a credit card 8000.00 what can they do and take

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Dec 30, 2011
received a summons to appear in court. for owing a credit card 8000.00 what can they do and take
by: Debtcollectionanswers.com

I understand why you are stressed. Being sued is never pleasant However, when you owe past due credit card debt and the card issuer has tried unsuccessfully to get you to pay it, maybe by turning your debt over to a collection agency, you risk being sued for the money, which sounds like what has happened to you.

Now that you have been sued, confirm that the statute of limitations (SOL) on the debt has not expired. The SOL is the number of years after you miss your first payment that you can be sued for the debt. Once the SOL has expired, a creditor or debt collector can continue asking you to pay the debt, but they are not supposed to sue you for it. Some do however, and if the SOL on the debt you’ve been sued for has expired, you can use that fact as a defense in the lawsuit. In California, the SOL on past due credit card debt is 4 years.

If the SOL on your debt has expired, get in touch with a consumer law attorney right away. For a free consultation with a consumer law attorney go here: consumer law attorney .

Read the summons you received and respond to it as appropriate. If you are working with an attorney, the attorney will respond for you. If you are not, and you need help with your response, contact the clerk for the court where the hearing related to the lawsuit will take place.

Also, be sure to show up in court on the day of your hearing. Otherwise, the judge will probably award the credit card company a default judgment against you without your ever having had an opportunity to defend yourself.

If the hearing ends with a judgment against you, the credit card company can try to collect the judgment amount by asking the court for permission to:

* Garnish (take) your wages. Only a percentage can be taken from each pay check.

* Put a lien on an asset you own. You won’t be able to sell the asset, transfer it or borrow against it without paying off the lien. However, certain kinds of assets – exempt assets -- are protected from collections. Your state has a law that identifies which assets are exempt.

* Take money out of your bank account.

* Take one or more of your nonexempt assets.

I always advise consumers who have been sued for a debt to meet with a consumer law attorney. At the very least, the attorney can review the facts of the case with them and advise them on their best defense. The attorney can also tell you which of your assets are exempt. Again if you want an initial consultation with an attorney to discuss your situation, click on the link I provided earlier.


Mar 06, 2012
post judgment actions
by: Anonymous

Hello, I have a judgment against me on a 48k credit card debt. I have no job, no bank accounts and all my personal property is tenant by entireties property. My house is paid and is homestead protected in Florida. I receive social security. What can a collector do and what might he try to do to collect this debt. I own a 1998 pickup truck. Thanks

Reply from DebtCollectionAnswers.com:

As much as we'd like to answer your question, we suggest you at least talk with a bankruptcy attorney to find out if anything you own is at risk. It doesn't sound like it, but you really need to get expert advice. Plus the attorney may have some ideas for you for resolving this judgment so you don't have it hanging over your head indefinitely!

Get a a free initial evaluation with a bankruptcy attorney now.

Sep 28, 2015
no income no job
by: Anonymous

I was summon to court.I have no job no car no bank account no money, no house, what can happen to me
will I go to jail?

Reply from DebtCollectionAnswers.com:

You don't say why you are being summoned to court so it's hard for us to say. But generally if you are summoned to court because you can't afford to pay a consumer debt the judge will hear the case and may issue a judgment. Once there is a judgment, they will try to collect that money. If they can't collect then they may just have to wait until you have money they can go after.

We'd recommend you download our ebook here so you can understand your rights.

Oct 15, 2015
5000 debt from Oct 2000
by: Anonymous

On October 2000 I purchased a Gateway computer I am now only this company $5,000 this debt was in 2000. It is now 2015 I am originally from New York I've never left the state and I never made a payment who is this that in any collection agency are the SOL rundown.

Reply from DebtCollectionAnswers.com

If this debt dates back to 2000, then it is very likely outside the statute of limitations. If they try to collect you can send them a letter stating that you know the debt is too old and ask them not to contact you again. You can read about how to send a cease contact letter here

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