hey everyone.... i need some advice, my bank gave me a credit card with a limit of $500... i was paying it off and lost my job and i stopped paying that credit card, now i recieved a letter from the court saying i'm being sued for 1,400.00 dollars.... i have to send a letter to the court to explain why am i innocent and then they will send me a trial date... what can i do to defend myself? i live in the state of new jersey..... the credit limit was only for 500.00 and i don't want to pay 1400.00 dollars... i'm assuming those are there late charge fees.... someone out there please give me some legal advice.... thanks.....
2006-12-01 02:59:58 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It would be illegal for a non-lawyer to give you legal advice. You need to find yourself an attorney licensed to practice law in your jurisdiction. The problem for you is that attorneys are expensive, and while you can represent yourself (pro se), it is better to have someone in your court who knows what he/she is talking about.
Go online and check out your state's bar association, and look up the attorney directory. Call the state bar. You might be able to find one who may be willing to take up your case pro bono (for free) or at least for a very reduced fee. Perhaps a debt counselling agency can point you in the right direction.
By the way, the additional $900 above the $500 could be legal fees, court costs, debt collection costs, etc...
Sorry to hear about your situation. Best of luck.
2006-12-01 03:11:16 · answer #1 · answered by Anonymous · 2⤊ 0⤋
MLaw and others have accurately described the situation; the amount they're requesting probably includes attorneys' fees, collection fees and court costs (which you agreed to pay in your credit card contract). Most of the time, this will include "forward looking" fees, like an estimate of attorneys' fees to continue through the collection act. And MOST of the time, if you contact teh collection agency/attorney representing the credit card company, they have significant settlement authority to lower the amount.
As described before, (a) find a lawyer. Oftentimes, legal aid societies will help with this work, because it's something they do regularly and it doesn't take a lot of time. (b) don't miss any court dates, because then they'll enter a default judgment for the entire relief requested in the complaint -- all $1400.
Good luck.
2006-12-01 12:21:31 · answer #2 · answered by Perdendosi 7 · 0⤊ 0⤋
You haven't mentioned the most important fact: Did you ring up sufficient charges that -- with interest & attorney fees & court costs, will total $1,400.00? The card company's self imposed credit limit is irrelevant. Your credit card agreement allows for interest, late charges & collection costs. If they can document the charges & costs; you'll have to pay, or they'll get a judgment against you.
2006-12-01 11:23:43 · answer #3 · answered by Anonymous · 3⤊ 0⤋
I would definately speak with an attorney, there are lots that offer a free one time visit. You are responsible for the bill, I mean you did say you quit paying, and I am sure in the fine print of the contract you signed you would find what those extra charges are for. But... lots of times you can contact the bank and work out a payment plan that everyone is comfortable with. Good luck!!!
2006-12-01 11:10:31 · answer #4 · answered by tish s 2 · 1⤊ 0⤋
Have you contacted the credit card company or the collection agency handling the case? They can be negotiated with. At very least, they can offer you a payment plan.
They have probably filed a judgement against you for the amount, including any costs they have had in collecting. Clear this up as soon as possible, since this could hurt your credit badly. If you don't clear this up before you go to court, the mark will be on your credit history.
2006-12-01 11:13:11 · answer #5 · answered by jack b 3 · 0⤊ 1⤋
You can see if you can get an attorney to help you. Unfortunately, all you can do is fight or settle. If you choose to fight it and not use an attorney, you need to examine their basis for the charges and attempt to dispute them.
If you don't respond they will get a default judgement. They can't really get the money out of you unless you have extra property outside of a car and home.
2006-12-01 11:10:05 · answer #6 · answered by Anonymous · 1⤊ 0⤋
sweetie you are not quite innocent...they are merely trying to collect a debt you agreed to pay. Creditors may have been able to work with you when you lost your job, but if you didn't tell them, they only know you are not paying.
here's a website to post a question to real attorneys-free-
www.lawguru.com. I'm sorry you are unemployed, me too, it sucks. So many bills and NO money.
good luck in court.
2006-12-01 11:12:17 · answer #7 · answered by upside down 4 · 0⤊ 1⤋
The best advice I can give to you is to SEE A LAWYER. The second best advice I can give to you is to SHOW UP FOR COURT.
2006-12-01 11:40:07 · answer #8 · answered by cyanne2ak 7 · 0⤊ 0⤋