I been avoiding getting served by a credit card company that hooked up with a collection agency that has a attorney. They came to my house and got no answer. They finally taped the documents on my door and sent a certified letter. I didn't sign, a relative of mine did. So I wasn't actually served. I figure now I minus well go to court and set up installments/arrangements to pay a month so I won't have to appear in court. I want to ask since they didn't serve me directly would that be faulty on their part for not doing their job because who's to say I got it. It's their job to get it to me not give it to anyone in their crooked way to get money? I been harrassed, bullied, didn't they get the message that I wasn't coming to the door? They want all their money so I guess setting up arrangements will be better but I wonder is there a way to get out of this and if I don't set up arrangements what will happen? I owe under 2,000, not a lot but can't pay in full. Advice appreciated. I'm 23.
2007-06-27 09:19:22 · 7 answers · asked by Tell_It_Like_It_is 1 in Politics & Government ➔ Law & Ethics
I do want to pay my debt because in the future I'd like to buy a home. I admit I was young and dumb. when I got the card and couldn't pay off because I had no money. I got a little to pay something a month but not a lot. Old and young especially young college students, credit cards are bad, cash is good.
2007-06-27 09:19:50 · update #1
AlaskaMusher...Im not a lazy deadbeat. I go to school and work, and that's real lazy, right? I just made a mistake in life but never again. Dont give advice unless you really want to help but dont criticize. Dont make judgements unless you know the whole situation you asshole white Alaskan trash!
2007-06-27 09:47:55 · update #2
Well, I am sure many of us have been in bad debt situations. If you don't want to file bankruptcy, then the only option is to pay it. If it's under 2000 then you should feel very lucky. I am sure now though it will be higher with court fees.
I know hind sight is 20/20, but you really should have called a credit counselor before you got served. They could have really helped you, and there are many who are non-profits.
My suggestion is to call a bankruptcy attorney for a free consultation and see what he suggest. Make sure you let him know that you want to pay off the card yourself though. S/He may be able to help you.
Do you have a relative who will loan you the money so that you can pay it and then can make payments to them each month?
I think that since it has already gone this far, it may not hurt to go ahead and file bankruptcy. Your credit is already hurt from this incident. You have time to build your credit back. In 7 years you will be 30, that's not bad.
You already know, but from now on deal in CASH. I would suggest however to keep any other credit cards open because it has a positive effect on your credit. If you close them, your score will go down. JUST DON'T USE THEM. :)
2007-06-27 09:34:33 · answer #1 · answered by S B 2 · 2⤊ 0⤋
There are a lot of people in your financial situation. And you're partly correct -- personal service is only one of the many ways that someone can be legally served with court papers. You were served by substituted service, which means that a competent person over 18 who lives at your residence accepted the papers for you. This could also happen, say, if you were a business that was being sued and the papers were left with a secretary at the office, for example. Since you were legally served, you should get an attorney, or contact the attorney who is suing you on behalf of Discover -- his or her name would be on the summons and complaint that you received -- and ask if you can work out a payment plan. They'll probably be more open to a settlement and lower monthly payments at this point. Try to work something out with them. Whatever you do, DO NOT just ignore it. If you don't contact them for a settlement or file papers in court (they'll file settlement papers if you come to an agreement with them), then they can get a judgment without you, and then the debt will seriously come back to haunt you.
2016-04-01 07:53:43 · answer #2 · answered by Cynthia 4 · 0⤊ 0⤋
The credit card company did serve you properly by law. However, it really doesn't matter because all they have to do is serve you properly and you're in the same place. In other words, the case won't be dismissed with prejudice for faulty service. The court will more than likely allow them to serve you properly.
Also, you do not want to get a default judgment against you by not showing up to court. Call the law firm that is represnenting the credit card company and make arrangments to pay the debt. Put the agreement in writing. Certified mail. Return receipt.
Do what you can to stay out of court because I am pretty sure that you will have to pay their attorney's fees per your credit card agreement. That's the only reason why they would bother suing you for this small amount anyway. The attorneys fees could be in the thousands of dollars.
2007-06-27 09:31:28 · answer #3 · answered by YBMEUBU 3 · 0⤊ 0⤋
You are not being bullied or harassed if you owe them money and are not under bankruptcy protection. You need to make an arrangement with the credit card company and make your monthly payments. If you do not, the credit card company will take legal action to get what you owe them back. If this occurs, your only course of action is to declare bankruptcy (a credit card company may try to force you into bankruptcy). This will either allow you to create a repayment plan subject to the approval of your creditors (Chapter 13) or liquefy your assets and pay off as much debt as you can (Chapter 7). I would contact a debt management specialist or a credit counselor to try to get more specific answers to the questions involving your individual case. Every case requires a different course of action.
2007-06-27 09:25:33 · answer #4 · answered by msi_cord 7 · 0⤊ 1⤋
You were served. They taped it to your known domicile and they ran an ad in the local paper for 30 consecutive days. You been served. They will have their court hearing and you will be found to be at fault. The judge will order a judgement of the debt plus costs (lawyer, court, service of papers, newspaper ad, etc.)
Then they will have a garnishment on your wages (but you sound like a LAZY deadbeat) and they will freeze you bank accounts if any.
You won't be able to rent a car, rent an apartment, get a decent job and all for about 7 years.
You need to contact the CC company and hope they will work with you.
2007-06-27 09:32:05 · answer #5 · answered by Anonymous · 0⤊ 3⤋
YOU should contact THEM and set up a payment schedule. They will most likely be more than happy to do that. Be apologetic and explain that you were afraid because you don't have the full amount now. They just want to see some effort on your part. Setup payments and STICK with them. Be realistic about the amount you can afford right now. Most likely it will turn out OK. Avoidance is the worst thing you can do.
2007-06-27 09:27:36 · answer #6 · answered by fourthy27 2 · 0⤊ 1⤋
The courts tend to settle in favor of the debtor. Ask them for all your back statements as most debt collectors have bought the debt from the card companies and thus don't have the paperwork and can't prove it. Also they will usually settle for payments, you can pay like $20 a month or so.
2007-06-27 09:22:56 · answer #7 · answered by Anonymous · 0⤊ 2⤋
avoiding service won't stop you having to pay the money back. and it was properly served according to the way you put it. and now you are going to pay attorney fees. so you're going to ring up a lot of hassles and extra fees for only $2000.
2007-06-27 09:29:27 · answer #8 · answered by Anonymous · 1⤊ 1⤋
They would have to prove they served you. Who is to say someone else didn't walk up to your door and take it off. I wouldn't worry about it too much, just start sending them what you can afford to send them.
2007-06-27 09:24:38 · answer #9 · answered by Anonymous · 0⤊ 2⤋