What happens if I have an unpaid credit card bill and I do not work therefore I don't have the money to pay it

Question

A "Law Firm" out of CA called me last week and spoke to me about a credit card bill I had that is past due. The man told me that the Office turned the bill over to them because it was past due. He told me he would work with me about making monthly payments, that he would send me paper work to review in the mail.
Today, another gentleman from the law office called and told me I would have to make the FULL payment today. If I could not make it today, then they would add court cost and lawyer fees to it and I would get served papers.
I called a judge here in my town (MS) and he told me there was nothing they could do since I was unemployed. I just thought I should get some opinions of some of you.
I called the guy back after speaking with him and asked for "Verification of Debt" and he got VERY ugly with me and hung up on me. The judge told me to ask for it and they would never call me again.
What should I do?

The judge told me I would not even have to show up for court. He said I have no job therefore they would have no wages to garnish.

Answer 1

I don't know if you have ever had to dispute a debt for any reason but there is an option that says you are disputing because of "extended unemployment". (There are a list of other legal reasons for disputing a debt)...

That doesn't mean that you are off the hook. What happens at this point (like in any dispute), the creditor can challenge that by verifying the debt is correct - even if you say you've had an extended period of unemployment, the collections can start up again once there is proof that you have employment.

Answer 2

Here's a breakdown of what I understand.

1) "Verification of Debt." This demand can only be made up to 30 days after you receive the "FDCPA Letter" from the "Law Firm." This is the initial contact letter you received explaining that you owe this firm money. After the 30 days, you HAVE NO RIGHT TO CLAIM A Verification of Debt!

2) If you're in MS, and this firm is in CA, they must sue you in MS court! Trust me, they won't do it. They will sell this debt to a law firm in MS that will file a lawsuit against you....BUT THIS NEW FIRM MUST FIRST SUPPLY YOU WITH AN "FDCPA Letter." Thus renewing your ability to demand a Verification of Debt.

3) If you are served papers, TAKE THEM SERIOUSLY! You should become familiar with your Court's rules and possibly get an attorney. If they obtain a Judgment against you, that judgment can be good--and collectible--for DECADES!

4) Unless you plan on being unemployed for the rest of your life, I suggest you take steps to clear this debt. It may or may not "go away," but it will be on your credit report, and make borrowing very difficult for you in the future.

5) Seek an attorney's help. Yahoo! Answers is helpful, but no substitute for legal counsel.

Answer 3

The Judge is correct in what he/she told you. However there is more to the story.
If the creditor does go to court and you don't they win by default.
I think it would be best for you to answer the complaint and go to court. True they can't garnish your wages if you don't work. ( In my state they don't garnish wages at all )
They can get a judgment against you for the amount owed and maybe court cost and Atty. fees.
They could ask the Sheriff to research your assets, if you have anything they could sell it at public auction to satisfy that judgment. They could sell it.
If you own nothing the judgment will sit on record at the courthouse and act as a lien.
You would have to satisfy the judgment before you ever sell anything .
Good luck to you. The good news is you can't go to jail for a debt. It's a civil matter.

Answer 4

First of all all commutation should always be done in writing with return receipt requested especially that "verification of debt"..I don't know a judge who would tell someone not to should up for a court hearing that's just plan disrespectful if you get served papers you should show up to court.You tell the judge sitting in your presences your case not the judge on the phone who is not hearing your case.

Answer 5

First, I think they are a collection agency, not a law firm. If you want to know, I would get the names of the callers and then check with the CA bar to see if they are lawyers.

Second, even if you do not have a job now, you might get one in the future, at which point they would be able to do whatever they cannot do only because you are unemployed.

Answer 6

Collection companies use all kinds of tactics to try and get you to pay. If you choose to ignore them, they will eventually stop, but the collection account on your credit report stays for 7 years. If you attempt to obtain credit in the meantime, it will cause problems ranging from denial to high interest rates. If you try to buy a house, the mortgage company will demand that the collection be paid, or no soap.

Answer 7

hope this judge has a excellent credit rating and he is a real good friend of yours -- because unless he co signs everything in the future i do not see you getting any credit anywhere any place until you know what freezes over.

also be prepare to be hounded until this debt is clear up. strongly suggest you get a job and pay off this debt.. by the way how can you afford long distance and internet and everything else unless you have a job.

Answer 8

If you get notice to appear in court, do NOT follow your judge friend's advice and just not bother to respond or show up!

If you don't have the money and aren't working, then obviously you can't pay the bill, but you'll still owe it when you get back on your feet. And if you have any assets, they might be seized to pay what you owe.

Answer 9

That judge is pulling your leg. They can and will chase you into court. If you fail to show they automatically win. The verification of debt you refer to must be in writing.