I am unemployed still and going to court over a wells fargo credit card debt of over $4000.00. can they lock me up?
BIG QUESTION #2 WHAT ABOUT COURT FEES+COSTS?
I really need some real answers. Thanks in advance.
2006-07-17 09:33:22 · 10 answers · asked by Anonymous in Business & Finance ➔ Credit
Debtors prison went out ages ago. I guess those people who claim you can be locked up must be at least 200 years old. lol.
I'm sure they will probably file for a $4000 debt. The question is, who is suing - the original creditor or a collection agency?
If they haven't filed yet or have just filed, order your credit reports and see if whoever is suing you is reporting correctly. If they are violating your rights by reporting inaccuracies, you should file counterclaims against them. See if you can have it moved to a higher court. If you can, and they have alot of violations on your report, or if they have violated your rights whenever they had contacted you, that could mean up to $1000 per violation.
If you have enough violations on 'them', and file them, they may back out of the suit.
Anyway, back to your questions.
If you go to court and lose you will be liable for court costs, lawyer fees and they will put an interest rate on the judgment.
What they can get out of you is based on what your state allows. If your state does not allow wage garnishment, they cannot garnish any wages.
You need to find out your states exemption laws.
If you have a bank account - "close it" and deal strictly in cash.
If they get a judgment, they can sit on it for as long as your state allows. States only allow judgments for so many years and if they do not re-new the judgment when it is due, they are out of luck.
Usually, even if a person is not employed or has no possessions that are legal to seize, they will just sit on the judgment until the persons financial picture changes. Then they will enforce it.
You should try to speak with a lawyer. Try Legal Aid or NACA.
You might go to the site I've listed. You will be able to find links to your states statutes etc.
2006-07-17 11:18:30 · answer #1 · answered by echo 7 · 1⤊ 0⤋
no they cannot lock you up. In fact it is rare they will even take you to court. You do need to take whatever they have sent you though and go talk to a lawyer. Go to a credit counseling service too..do it right away, but check them out first. They may be able to help you work something out Wells Fargo - it's what they do.
2006-07-17 09:39:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
They will probably garnish your wages if you are employed. If you own a home they might attach a lien on the property. I know they won't lock you up. Contact Wells Fargo to see if you can set up a payment plan. Remember, your credit is very important. You auto insurance rates are based on it and sometimes your employment. Good luck.
2006-07-17 09:41:51 · answer #3 · answered by buckeye45694 4 · 0⤊ 0⤋
These answers are very surprising to me.
When I was in college, I had a lot of credit cards and unsecured loans. No job. I didn't pay a dime on anything. I got the threatening calls and letters, but eventually they fell off of my credit report without me paying anything or going to court. My credit is crystal clear now.
2006-07-17 14:50:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, they can lock you up, they will not considering you could just file for bankruptcy and never pay them back a dime
Set up a payment plan and avoid going to court b/c they will have no mercy..
Avoid Bankruptcy at all costs unless.... you live in florida which has some of the relaxed bankruptcy laws in the U.S.
2006-07-17 09:47:08 · answer #5 · answered by tiger_9885 3 · 0⤊ 0⤋
You're not going to criminal court, where you can be sent to prison. Instead, you're going to civil court where the punishments are monetary.
If you loose, you'll have to repay either in full or work out payment arrangements. Your wages might be garnished, but they cannot take the entire paycheck, so they'll ge a piece of it. And if you loose, you'll have to pay your court costs and possibly theirs as well.
2006-07-18 01:28:43 · answer #6 · answered by msoexpert 6 · 0⤊ 0⤋
Big question: have you been served by the court or threatened by a collection agency? If you have been served and lose, you will owe it all. You can only be locked up if you violate the terms of the judgment, whatever that may be. If you have not been served, it is only a collection tactic.
2006-07-17 10:57:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
they will probly garnish your wages when you get a job. they can put you in jail but they usually do not opt to do that because they would have to wait longer for money. you will be help responsible for all court costs. your best bet is to try to settle out of court. call then and see if you can set up a payment plan ASAP before court and you might get out of it. i did.
2006-07-17 09:37:43 · answer #8 · answered by hillbillygirl5499 2 · 0⤊ 0⤋
its no a rime yet. Try to get some money togeher from a friend and make a deal: they will cut the balance down quite a bit if they small money With interest, late charges and fees, it can grow
2006-07-17 09:51:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋
they cannot lock you up, it's a CIVIL case, I presume.. You weren't arrested for fraud or something, correct?
They will get a judgement, assuming you do indeed owe the money. if you don't pay, they will be able to garnish your wages, but seeing as you have no job, I doubt they'll be able to do anything
2006-07-17 10:01:55 · answer #10 · answered by kvuo 4 · 0⤊ 0⤋