I received a letter at my mom's house saying that I have to appear in court next week for an old credit card debt from Filene's or I will be arrested because there is now a warrent for my arrest. When I was only 17 they mailed me this credit card in the mail and allowed me to activate it without ever checking my age. Now, I am 25 years old working two jobs to take care of a 3 year old all by myself who has Autism. Can I use the fact I was a minor when the card was issued to get out of this debt? How can I prove it?
2007-08-21 04:37:07 · 10 answers · asked by Nicki R 1 in Business & Finance ➔ Credit
If you used the card after you turned 18 then the fact that you were 17 when you got the card is no longer a valid argument.
When was your last payment? There is the Statute of Limitations which is the legal time period they have to file a suit against you. Depending on your state this is 2-6 years from the date of your last delinquency. If they filed after this time, the judge will throw it out because the SOL has expired. So they need to prove the date of your last delinquency is within the SOL.
This "letter" you received could be a concern. Is it an actual summons from a court, or is it just a letter from a collection agency. If it is a letter from a collection agency, they have violated the Fair Debt Collectors Practices Act(FDCPA). This states that debt collectors can not threaten you with things like arrest or jail time for not paying your bills. If they do you can file a suit against them for $1000 per violation. If it is an actual summons then you do need to go to court, as the judge has made it a requirement for you to show up.
2007-08-21 05:22:34 · answer #1 · answered by OC1999 7 · 1⤊ 0⤋
Everyone else is right about the 8 years being past the usual time for collecting a debt. And I have a feeling that any charges you made after you were 18 are going to be held against you anyway, because once you were 18, the fact that you GOT the card when you were 17 seems like a moot point. You must have charged up a loooooot of money. Go to court. I don't think they can put people in jail anymore for debt (isn't that one of the reasons we fought the Revolutionary War?), but they can put you in jail for the warrant.
2007-08-21 04:49:17 · answer #2 · answered by CNJRTOM 5 · 0⤊ 0⤋
what state are you in? it sounds like after 8 years, they are way past the statute of limitations, the time in which they have to go after a debt. Well certainly, if you can prove your age, any judge will be able to do the math for him/herself and see that you were a minor when you were issued the card.
In any case, i dont really see why you'd have to use the age factor. 8 years is way too late to be collecting a debt.
But since youre being summoned to court, contact an attorney
2007-08-21 04:42:39 · answer #3 · answered by luvbug7982 2 · 1⤊ 0⤋
If the debt is from a purchase you made when you were 18, you probably don't have a case. If you can pay the debt, just pay it. I doubt you'd get arrested for this. Just go to court and see what you can work out.
2007-08-21 04:47:58 · answer #4 · answered by Scott H 3 · 0⤊ 0⤋
Who sent you the letter? Was it from the Court, an attorney or a collection agency? Was it a summons to appear on Court or just a demand letter?
You really should bring the letter to an attorney who has experience handling consumer debt litigation. You can usually get a referral from your local county bar association.
2007-08-21 07:30:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋
i haven't tried what you're attempting to do with cap a million, i'm doing this with HSBC. Years in the past I have been given one card, with a dinky cut back. it is genuine whilst Echo says that particular card products have a threshold, I had hit the credit line strengthen threshold some time past, by using a solid credit history with them. So, I wound up with a 2d account from them. interior the cardboard suggestions and settlement stuff, that they had an internet site offering to flow my stability from my Dinky card over to the hot one, which might immediately cancel the previous card. i did no longer take them up on it by way of fact a) such as you, Dinky card grew to become into my oldest account, and b) i did no longer have any stability on it besides. So it is superb, I merely have extra credit lines now. you need to use the hot card as against the previous one, in case you desire to. Use the previous card to purchase ramen noodles LOL. do no longer hardship approximately having 2 enjoying cards from one company as long as you preserve the two money owed in solid status.
2016-10-08 23:16:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
First if your low income seek legal aid..If you do not qualify do not hire a attorney they are very expensive show up to court and be honest with the judge.It's scary I know I have been there but it all worked out in the end
2007-08-21 05:24:30 · answer #7 · answered by Crazy cat lady >^ ^< 4 · 0⤊ 0⤋
The statute of limitations has likely run. Your age at the time won't play a part.
2007-08-21 04:45:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
hopefully they will accept your age as a valid excuse; if they dont, and you need to pay it, contact a credit counselor who will help reduce the interest and help you pay it off faster
2007-08-21 04:46:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Just pay the debt.
2007-08-21 04:41:58 · answer #10 · answered by hottotrot1_usa 7 · 1⤊ 2⤋