You did not give enough information in your question. If you received a summons, you will have to go to court, but surely the credit card company has tried to resolve this without going to court. Out of court would be the best settlement.
2006-11-17 14:21:35
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answer #1
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answered by John D 2
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When you accepted the credit card, you gave the creditor the right to sue you in court if necessary, to collect the money it is due. As the debtor you would usually first receive a notice from an attorney that if you don't pay or make arrangements with them (not the collector) they will take legal action. This gives you a chance to make payment arrangements and stop the process. If this fails next you receive a notice or summons from the court regarding the debt owed and that the creditor is suing to collect. The summons advises you of the court date and you have the option to defend the suit in front of a judge. After listening to both you and your creditor the court determines how the debt must be repaid and you must abide by the ruling.
Many people fail to show up at court and this is a big mistake. Come prepared to show your sincerity and come with a plan to repay the debt. If you decide not to attend the proceeding on the scheduled court date the judge will issue a judgment in favor of the creditor for the amount owed. With a judgment the creditor has the equivalent of a loaded legal gun pointed at you, although the trigger has not yet been pulled.
You then receive a Notice of Judgment from the court that typically states you have 30 days to pay the debt. If you do not pay the creditor has a legal right to go back to court to get a judgment execution order (this is pulling the trigger) to use such actions as filing a lien against your home or other property, wage garnishment (in states where this is permitted) or seizing your personal property to collect the debt. If you own a home and the creditor places a lien on it you would have to pay the lien before you can sell, refinance or obtain an equity loan.
You have the right to appeal the judgment but if you owe the money it will only delay the inevitable. State laws vary on judgments but it is not uncommon for a judgment to be valid for up to 10 years which gives the creditor a long time to work on collecting the debt. Needless to say, a judgment on your credit report is a big negative mark as far as future borrowing power and may have implications in job searches, promotions or even getting insurance. Not as devastating as a bankruptcy, but enough to make life more difficult and expensive than it already is.
2006-11-17 23:35:13
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answer #2
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answered by JFAD 5
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Hi, first don't get scared about the courts. If you got the summons then better go. It shows that atleast you are responsible
But before that have you tried paying back this money that you owe. If can't afford to pay the money now then better go with your expenses and other statements to bank and tell them your problem, if the other party is agreeable you can work out some schedule to pay back the money you owe.
2006-11-17 23:19:57
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answer #3
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answered by gurug 2
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For a credit card that you own? Is it still in one piece? That's probably the one thing you own that you have a legal right to destroy, you know!
I don't know how much it cost to send you that bill.
It cost you zero so far - but somebody had to receive training and write you that letter on behalf of the people who you owe money to. Sorry! Whose money did you think you were spending, honey?
You don't have it, do you? Yeah, you gotta. Fess up. You didn't pay them, and they couldn't pay theirs, and their credit rating was damaged, and the least you can do is to say how it happened that they lent you their money and you failed to pay it back. OK? No? Tough! Go speak for yourself! They care about their families enough to ask a court to help them get their money back. From you. You borrowed it! What are you saying - that you hoped they'd forget about this loan? Grow up.
2006-11-17 22:36:04
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answer #4
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answered by WomanWhoReads 5
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You will have to go to court. The company feels that if you were truly going to pay monthly payments, you would have done so sooner. After they take you to court, you will be paying the monthly payments by them garnishing your wages.
2006-11-17 23:29:36
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answer #5
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answered by Mariposa 7
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If you got a summons, you need to go to court
2006-11-17 22:22:07
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answer #6
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answered by scottb03gt 4
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chances are you probably have to go i would start sending something each month before you go and the judge will give you a good amount of time to pay it back if he feels you are trying to pay back.if you don't go you will probably end up with a warrant for your arrest.
2006-11-17 22:21:36
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answer #7
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answered by vanessa g 5
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