credit card garnishment do i have to pay this?

Question

in 2001 i had a credt card for $3,000 i lost my job and wasnt able to pay it it end up going to collection i got a letter from the colletion and i tryed calling them over and over again all they would tell me is someone would call me back but no one did so i just gave up in 2005 the letter start comming again $3,000 turns in to $6,000 now it 2007 now i recieve a court summons to garnish my pay check for a total a mount of $9,000 two times the amount i guess what im asking is if i had the money to pay it off when it was at $3,000 and they woulnt talk with me why would i have to pay this and why so much more is there any thing i can do

Answer 1

if u play with snakes they do bite. that's what happened to u. borrowing of any sort will get u in trouble cause u become a servant to the lender - bad position to be in.

first any communication u do with collections put it in writing and certify the mail. if u talk on the phone with them and come up to an agreement tell them to do it in writing and that's how u want it b4 u send them any $. never let them have access to ur bank account even if they sound very friendly on the phone.NEVER. they will clean u out. they will tell u this is the only way they will agree to u paying. don't back up or back down. if the debt has been outstanding for so long why is it now urgent to deliver a payment. disconnect the phone and tell them u dont hv an account u will not make any payments from an account.

now u are slightly beyond this tho'. i think contact them and discuss that u are willing to make payment on the original debt. they will accept if u especially u tell them will send them they 3000 cash right away. don't accept this interest thing. just be ready to negotiate and push for the original debt. keep calling them on this but don't give them ur work phone no. and also tell them the specific time they can contact u on phone.

don't file bankruptcy. it will affect u for 10 years and even in the future. employers will continue that little question on the app form "have u ever filed for bunkruptcy?" u know it. and don't go to payday loans places. those a loansharks. if u play with snakes...

what u need is to get organized financially. get the book Total money make over by dave ramsey. in fact check out his website for your local listings for his call in show. he gives excellent long lasting advice on personal finance. i highly recommend u do call in.

Answer 2

Wow Firlere, did you even bother to read the question?
Or were you to busy trying to feel superior by smugly throwing words around to make the OP feel, uhm what was the word you used, oh yeah - stupid.
(collector?)

To the OP - Did you received a summons for an asset hearing or a court summons for the law suit?

If it was a summons for a law suit you need to answer it within the time allowed. You should also check the collecting SOL for your state. If you have passed the SOL time limits "before" they filed suit, you need to include an "affirmative defense of SOL" in your answer.



If it was a summons for an asset hearing --
Were you served and failed to answer?
Had you moved since trying to deal with the original creditor or the collection agency and they don't know your new address?

If the answer to either question is yes, then you need to show up at the hearing. Not showing up for an asset hearing could cause the judge to find you in contempt, which will make things much worse.

IF the garnishment will present a hardship, you may have the chance to claim hardship. You would have to "prove" that it would be a hardship and if you can't, don't make the judge mad by trying to claim it.
If you are having trouble right now in making the rent/mortgage payments, putting food on the table, etc., then you may be able to claim hardship.
Hardship is not having to do without cable tv, high speed internet, dining out, etc., etc., etc.


If the answer to the 2 questions is no - then you would still need to go to the asset hearing.

You should go to the county court clerk, ASAP, and request a complete copy of the file - make sure that the service papers are included in the copy !!!!
Look over the service papers to see how they claimed to have served you. If you had not moved and you hadn't been served, it could be possible that you were sewer served.


Whichever type of summons it is, you might take the file and any other paperwork you have, letters, credit reports, etc., to an attorney and have the atty look it over. Many atty's will give a free first consult, just be sure to ask when you call. Be sure the atty you call is well versed in consumer laws - the FDCPA, FCRA. etc.

You might do some reading in the links I have listed in my profile to the FDCPA, the link to find the SOL for your state and also the last link listed.

Answer 3

In short, yes you are responsible for the debt. Had you contacted the creditor PRIOR to the debt going to collections they would surely have been more understanding and worked withYOU to get their money. Once the bill stopped getting paid however and they heard nothing from you, the only recourse was to sell you to collections and write off the debt. This is called a "charge off". You may still have some chance to work it out with the original creditor, but not too likely. Do you not have any contact info for them? I personally call or log on to all my creditors on a very regular basis to keep up on them. It is YOUR responsibility once you agree to borrow THEIR money, whether a personal loan or credit card. Just like an automobile loan, if you stop making payments and "disappear" they want the car back and will hire proffessionals to come get it wont they? Credit cards have no such collateral when you flake out on them. All they can do is turn you over to collections. Collections are RUTHLESS when going after you. The other avenue you will need to take if the original creditor no longer holds the paper for you is talk to an attorney. Once the courts become involved it gets pretty messy. They can even suspend your drivers license until it is paid. Some states have a statute of limitations for judgments of 10 years. But they can refile that motion to get another judgment after that. I spent the better part of 36 hours in the law library researching ONE case. If you are stupid, and it sounds like you are (hiding from the creditor in the first place) you need to get proffessional legal help to do your work for you.

Answer 4

file bankruptcy and get it dismissed. it's pretty easy to do.
be careful not to keep any money in your account because they can and will freeze your account and you will not be able to access your money, use a check cashing place like ACE.

my account was frozen last year due to a writ of garnishment that my bank receive and it couldn't have come at a worse time. i filed bankruptcy and got several bad debts dismissed. starting over is also pretty easy.


good luck,

Answer 5

You'd have to pay because you spent it.

its so much more because of interest.

You can try settling.