I Need Help, I have a credit card court case this Thursday!!?

Question

Back in 2003, I was 23 and made the mistake by getting a credit card with a $3,000 a limit. I lost my job, my car, my apartment. Took me about 4 years to get my feet back on the ground, finish school and get a job starting at 30k. Now the CC is suing me for $6,000 - $3,000 of it interest/attorney fees. I offered the lawyer $1,500 lumpsum. They won't take it. I can't afford to pay the whole $3,000. I barely can pay rent at $600 a month, with food,car insurance, and just started a new job in June? Will they garnish? I don't have any assets and another cc is trying to sue me for $5,000? Any suggestions?

Answer 1

Nice Catch Echo!

Definately look into whether this debt is beyond the statute of limitations. If so, you CAN still present this to the court, even on the court date.

In your case I do not recommend filing bankruptcy (as OC suggests) because you simply do not have a large enough debt. It's going to cost you about $1000 just to file it.

My suggestion (if you can't use the SOL) is look to see if your state allows the judge to order installment payments. Come to court with proof showing your income and expenses, and explain that a garnishment would put a hardship on you, and you would not be able to afford it. You could, however, afford. Garnishment will take about $150 from you each week. The judge may order something like $75/week or less.....just present him with your payment proposal and see if he agrees.

Don't get crazy and request $50 a month....they are not going to wait 15 years to collect this debt! He will probably order a minimum of $100.

Answer 2

When you go to court it will be determined how much you can pay based on your finances, it may only end up being like 25.00 a pay period, sometimes they cannot garnish wages based on dependents vs. the amount you bring home for those dependents. When you go to court for the other credit card they will take into consideration the prior garnishment as well. But the amount you owe, if you could I would also suggest bankruptcy, but you have to be willing to learn from your mistakes with credit card debt before even thinking about bankruptcy because you cannot screw up with credit cards during the 7year period after filing. Good Luck!

Answer 3

Depending on your state they may be able to garnish your wages. If they can they can garnish up to 25% of your gross earnings. Now, that is total so if the first one gets 25%, then the other one can't get any until the first one is paid off. From the link below click on your state to see of garnishment is allowed. However, if it is not allowed they can still attempt to attach your bank accounts.

I don't normally suggest this, but in your case you may actually want to consider bankruptcy. You may want to at least consult a bankruptcy attorney in your area. They will give you a short free consultation. During this you can tell them your situation and see if you may qualify. If you do the bankruptcy will stop the lawsuits.

Answer 4

I did a chapter 7 bankruptcy. I was so ashamed and thought that it was the worst thing in the world. I was so overwhelmed with cc debt (just from intrest rate jumps and fees). You can look at my q&a section and see what I have to say about a bk. Believe me, its not the ultimate worst. If you just make a free phone call today to a bk lawyer in your area he will advise you immediatly on your current situation. This is why our government gave us the right to do a bk. Sometimes people fall on hard times, and it is the only way to get back on your feet. Any questions you can email me at [e-mail]. Good Luck. (and don't let those b!@@$##s win your money.)

Answer 5

Yes, they will garnish your wages. They now know where you work so unless you quit they'll take 25% of your pre tax income. They have no reason to settle at this point. The only thing you can do is call them and say you're about the file bankruptcy. Not that I would advocate lying. They might settle with you but most likely not..

Answer 6

If it has been longer than 3 years since you defaulted, you need to use a SOL defense.
You should have included it with your answer. I haven't read your states rules of civil procedure (RCP) but you still may(?) be able to bring it up Thursday.

I looked through some of your other questions to see if you mentioned a state, your states collecting SOL statutes for both open and written is 3 years.

Type up a paper that states you have an affirmative defense of SOL.

The SOL statute for Md. that you should include in that paper are:

§ 5-101.
A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.

You should also try to include caselaw concerning that
And, if your RCP allows, request that you be allowed to have counterclaims against them for the violation of filing suit on a time barred debt (and any other violation they may have committed).
Do some reading on the FDCPA and include all of the relevant statutes (I have a link to the FDCPA listed in my profile)

If it is a collector or a collection lawyer, you should also check to see if they are licensed and bonded to collect in your state
The following link is to the Md. Dept. of Labor, licensing & Regulation where you can look them up. If they are not L&B'd, that is another violation.
https://www.dllr.state.md.us/cgi-bin/fin_reg_el/rel2/PQ_Application.cgi?calling_app=Query::PQ_main

You might also click on my profile and click on the last link listed. It is a "free" credit discussion board where you will be able to find out the RCP for your state, etc. Someone on there may know of the caselaw you need for your state/SOL defense and/or know your states RCP in regard to bringing up the SOL defense on the day of the hearing, filing counterclaims and possible other statutes you might include on that paper.

Answer 7

Tell the lawyer that it's either take the lump sum, or you're declaring bankruptcy and he won't get a cent.

He'll talk.

Put the credit cards on ice, why don't you? It sounds like you really need to switch to a cash-only system for a year or two, to get your finances straightened out.

Answer 8

Ask both of the c/c's trying to sue you if they will settle out of court. Obviously they will win both cases and they will garnish wages. You must ask them to set up a payment plan with you outside of court. your wages will definately be garnished.

Answer 9

worst thing won't come to u, don't worry. i think u r going to the small claim court only. they can't do much to u, like sue u for bankruptcy, because the amount is less than 10k. just pay the amount that u can afford ( monthly instalment ), but be prepared they'll ask for more n more. stand firmly. good luck to u ! :=)

Answer 10

Tell the credit card company you will declare bankruptcy unless they accept your offer.