I was sent a letter saying that I owed a credit card 2000.22 with a bank I have no recolection of. MBNA from 2001. I would of remembered that bank because it is one of the mainstreem banks. The letter states that they will attach my property, or my paycheck and will get their monies owed. I have no property and I only can physically work a little due to medical problems. Is this letter just a threat. Will they take me to court for 2000.. dollars? To be specific the letter says "you are being sued" Please if any advice on the matter I would appreciate it.
2007-12-26 08:34:51 · 7 answers · asked by Mike S 6 in Business & Finance ➔ Personal Finance
Your first step is to DEMAND a FULL accounting of the debt. If they can't PROVE you owe, suing you won't help. Even if they sue and win, they can't collect if you don't have anything to take. Unless you obtained the credit by means of fraud, you can't be charged with a crime and can't be sent to jail for owing money.
2007-12-26 10:04:02 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
Unless it is proved that you committed fraud the answer would be no to your question of doing jail time. This account in question may have been a Bank of America account at one point. Accounts can be sold or transferred. Just because it states it is an MBNA account doesn't mean that initially it wasn't another company.
You need to contact the company and get more specific details. They may have your wages garnished if you do not respond. From my experience large credit issuing organizations such as MBNA do not simply 'threaten' legal action. It is my estimation that the letter sent is to be used as their notification of intent to sue. I imagine the letter says you have a set amount of days to respond, I encourage you to heed that advice.
2007-12-26 16:52:18 · answer #2 · answered by Rick M 2 · 2⤊ 0⤋
Yes, the bank can take you to court for $2000, however, you won't go to jail for not paying your credit card.
However, please contact the bank as soon as possible and discuss the matter with them to find out if it was a mistake.
2007-12-26 19:47:37 · answer #3 · answered by Justin 2 · 0⤊ 0⤋
No, you can't do any jail time! We stopped jailing debtors a while ago. Your credit might be bad until you get it resolved. However Judy might be right if you were fraudulent or owed the money from child support.
2007-12-26 16:40:43 · answer #4 · answered by cordwainer 3 · 3⤊ 0⤋
They probably will take you to court, and get a judgement against you which basically says that you owe them the money and they could attach your assets to get he money. You aren't going to jail over this unless there was fraud involved. Not paying your bills isn't fraud.
2007-12-26 16:40:15 · answer #5 · answered by Judy 7 · 2⤊ 0⤋
If you seriously believe this is not yours, you should send a certified letter to them. Ask for documentation from them to ensure it is your debt.
The letter makes no mention of incarceration, why would you think this would happen?
2007-12-26 16:38:46 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If you truthfully think you never incurred this debt, what have you done about it?
2007-12-26 16:39:04 · answer #7 · answered by Anonymous · 1⤊ 0⤋