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

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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.

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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.

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

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