i just went to civil court for a 765$ credit card i havent paid. they say i owe 1500+$ now. It seems to me to be excessive. the judge asked me today admit or deny. I asked him if i admitted would it lead to a default. He stated thats legal adivce and he cannot tell me. So i chose to deny. WHat steps do i take now? He said a court date will be set for trial if we cannot come to a deal. I believe its past SOL. June 03' is the latest payment or credit to the oaccount. this is very questionable seeing as i stopped paying b4 that i believe. should i submit a letter to asset acceptance llc(people suing me) a leter to validate? i dunno where these excessive fees are comign from and the SOL is questionable. or can lette rto validate only be sent to collection compannes and not lawyers who are now suing me representing citi bank? i have researched tons!!! and need just alittle more gas to keep going. Please and Thank You!
2006-10-10 05:02:18 · 5 answers · asked by Anonymous in Business & Finance ➔ Credit
These are the details i posted on www.expertlaw.com/forum as well may provide more info needed
they gave me two options admit or deny.
its a 750$ debt from citibank 4 years old. they are now charging me 1500+$
excessive late fees and defaulted to 30% apr. they say my last payment was june 2003. i say it was older but not sure. FL and Tx law is 4 years for SOL.
What should i do now? How do i ask them to provide proof of the latest payment? Its so far after they debt that i have moved and havent obtained any proof of past payments. Isnt there a defense on this? I know most will say get a lwyer but if i could afford one i wouldnt be on here and representing myself earlier early today in the court as i did. please any info would be greatly appreciated.
p.s. would it be possible to feasibly talk them down to my original balance now? i am more than willing to pay what was billed (which is also questionable) i just want to get it behind me and i cannot afford the 1500+
2006-10-10 05:06:17 · update #1
Do not go for bankrupt, that's a mistake! your never going to shake that off!!!
you want a low interest loan to pay off what you owe, see this
http://debt-consolidation.50webs.org
2006-10-12 17:05:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Ignore the moron who mentioned bankruptcy! You never do that for a $1500 debt!
You can request validation, but it may not help you much at this point. It's more effective when trying to get credit items removed form your credit report. Once it get to the point of going to court, it doesn't scare them at all.
I don't know which state you live in...you mention Florida and Texas SOL's, but where do you live now?
You need to file a "motion for disclosure" and get the creditor to turn over the billing information. You may need to research your local court rules to see how this is done. Where I'm at, you simply go to the courthouse and file a motion, and serve it on the lawyers. Also file for an extension on the court date to allow time to examine the information. Then if you still think you are over the SOL, file a motion to dismiss based on the expiration of the SOL.
If you are right about the last payment being 6/03, then you are still on the hook. As long as they file a case before the expiration, then they can sue you.
Without more info, I have to guess. But I think that since they are not messing with collection agencies, they are pretty sure they will win. You may want to try negotiating with them BY MAIL so you have proof of your negotiations.
Note that Texas does not allow wage garnishments, and in Florida it's a small amount. But they can go after bank accounts or property.
2006-10-10 06:12:41 · answer #2 · answered by Anonymous · 0⤊ 2⤋
whoever is doing this is wasting alot of money for cheap change.
i'm not sure if you could go for bankruptcy.. but you can contact a bankruptcy lawyer and talk to them about this and find out what you can do about this in payment plans or other.
call around in your area and see who says what.. call more than one lawyer and do checkmark those who are more willing to help, have the best answers and consider you drop by their offices.
:D
you're not doomed you're just being yanked, time to stop that!
2006-10-10 05:28:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Offer it to them- add in 5% for inflation too. They are wasting more money on lawyers and paperwork than the 1500 they say you owe and know it. They'd probably jump at the chance to get something.
2006-10-10 05:15:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
what kind of credit card do you have? I cant believe they took you to court! I know a bunch of people who owe a hell of alot more money than that and they never even attempted to pay their credit cards and they have never been took to court.
my advice just try to pay the 5%.
2006-10-10 05:21:13 · answer #5 · answered by nashvillekat 6 · 0⤊ 0⤋