My ex husband charged A LOT of money in my name 10 years ago. We got divorced and i assumed all marital debt now this collection agency is taking me to court after 10 years , I had forgotten about it years ago when I got the notice.
. I offered to pay 50.00 per month but they will accept 398.00 monthly MINIMUM , I am on disability and have been for 7 years, have no property or other income.
What can i do?
2006-08-30 18:37:07 · 6 answers · asked by Anonymous in Business & Finance ➔ Credit
Has this case already gone to court, or have you just received the summons?
If it has already gone to court, theres not much that they can do to you. If you have no property, they can't take what you don't have. Plus you are on disability - they "cannot" garnish that.
Though I would recommend if you have a bank account either closing it and dealing in cash or close it and reopen another with someone else you trust as primary.
If you have ever placed any funds other than your disability check in your account, it leaves your account opened to be garnished.
If you can't or don't want to open an account with someone else and you are well known at the bank, you should close the existing account and open a new one (in your name only) and speak with a manager (or higher) about the bank recognizing the funds are strictly from SSDI and non garnishable.
I would recommend taking care of the bank account right now, even if you haven't been to court yet. That way they can't put a pre-trial freeze on your account.
The statute of limitations (SOL) in your state for collecting a credit card debt is 5 years. You are long past SOL.
If you have just received the summons, be sure to answer it so they do not get an automatic default judgment on you.
When you answer it be sure to include affirmative defense of SOL as part of your answer.
Get your credit reports and look for any violation listed. Hit them with counterclaims for any of those violations, plus for them filing suit on a time barred debt.
I would suggest going to the site I've listed. Do some reading in the newbie forum and then in some of the other forums. Learn what constitutes a violation (for your counterclaims)
If you feel that you cannot handle it on your own, I would still recommend doing some reading on the site so you will know what is going on. But, you might try Legal Aid, though they will probably only help you with the legal paper work but not be there with you in the courtroom.
You might also go to the naca site I've listed (National Association of Consumer Advocates) and see if you can find a lawyer. Look for one that is well versed in the FDCPA.
Many lawyers will give a free first consult, be sure to ask about that when you call. If you have quite a few violations on the collection agency, the lawyer might(?) take the case on contingency. Be sure to take all of your paperwork even your credit reports.
2006-08-30 20:24:26 · answer #1 · answered by echo 7 · 1⤊ 0⤋
If it has gone to court immediately file a counter claim saying that the time for collecting the debit has run out according to the Statue Of Limitations and that federal allows does not allow garnishment of or Attachments to your accounts if you are on Disability. You need to have the bank write a letter saying that you get disability. So you can show this to the Judge. That is if your check is electronically deposited. Still tell and Show the Judge that your are on disability and under Federal they can not collect.
They can not legally report you to the credit bureaus either because it has been more than 7 years. Just write to them and say the information is obsolete.
Credit Cards are considered open accounts but check with a lawyer.
I disagree with closing your checking account because it takes forever for the government to change it to another account. If they do a pre-trial freeze. You can immediately request an emergency hearing to have this be lifted.
2006-08-31 01:27:58 · answer #2 · answered by webworm90 4 · 0⤊ 0⤋
Debt creditors are the backside of the low. they are the backside of the low. they'll save attempting to collect. in spite of if one debt collector provides up, yet another gets in. there are countless debts that would desire to no longer be amassed by using debt creditors like those that have been written off by using financial ruin courts. it would be a Contempt of the Courts for any Debt Collector to objective to collect debts that have been written off. however the debt creditors will attempt to collect even a debt that has beeb written off. There are some debts that would desire to no longer be amassed using fact the lenders have waived the suitable to those debts becuse of their until now regulation in good condition that they withdrew. The debt creditors might even attempt to collect such waived debt using fact they do no longer somewhat look into the historical past of any debt.
2016-09-30 04:55:22 · answer #3 · answered by kroner 4 · 0⤊ 0⤋
You can file a bankrupt case, and the attorney you pay will tell you what you need to do, but to answer your question, and this is a federal thing, if a lender successfully contacts you via mail, phone or in any other way, within 7 years of last contacting you, then they can still demand payment. My only other advice to you is to sue your ex in court, and let the judge decide who will pay. Good luck.
2006-08-30 18:56:02 · answer #4 · answered by Anonymous · 0⤊ 2⤋
Report to the gorvement said you are brankrupt and cannot paid the bill.
2006-08-30 20:23:23 · answer #5 · answered by Janice Tee 4 · 0⤊ 1⤋
Pay your bills parasite--
2006-08-30 18:42:57 · answer #6 · answered by rsdudm 5 · 0⤊ 3⤋