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CC debt = Summons

FOG2

Gold Member
Joined
Nov 1, 2007
Messages
1,971
My wife got a summons today from a place that bought a CC debt she has. The amount is $1300.00 on the summons.

This is the 1st ive heard of a CC debt going to court ( we live in Fl. if it matters )

Does ANYONE have experience or knowledgeable advise about how to handle this situation ?

This is just the latest bad financial news to hit us since i became unemployed/cant find a job worth having.

Both the auto and home mortgage peeps wan,t money and have sent repo notice,s altho we have been able too *work something out* with them.As long as we can figure out a way to come up with some money in about 30days.

I thought about having here take the repo notices to court just to show the judge the boat were in.

Bankruptcy is another thought i had. She had one about 8years ago, i don,t know how that figures in or has relevance. I,ve never had a BR. so maybe i should be the one to do it.

I really don,t have a clue what the best course is and neither does she.

I,m hoping some body has good ADVISE ???
 
Joined
Sep 5, 2006
Messages
17,164
If you can't pay it they can't do a lot about it. Your wife's credit and yours is already suffering from being behind. (she had to be seriously behind to have the debt sold to a third party) So what are you worried about? Debtor's prison doesn't exist any longer.
Only thing they can do is repossess whatever was charged. You probably should be worried about losing your home and car more than 1300 dollars in credit card charges, owned by some company that bought it for pennies on the dollar.
 
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FOG2

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Nov 1, 2007
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I wonder if going to court an showing the repo paper,s would do any good.

Or what might happen if she didn,t even go to court ?
 
Joined
Jul 17, 2005
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Always stay in touch with your creditors and do it in writing and keep copies. If you phone, keep dates and times, plus the name of the person you spoke to and in brief terms what you said, and what they said. If it comes to court it will help your case. Tell them your situation and tell them you want to pay them but it is imposible 'because'. Then tell them you will pay them $5.00 a month until the situation improves.

This shows you understand they are owed money, are willing to pay the debt, but can only pay a tolen amount. Companies hate being ignored and that is the only reason they go to court. It costs them money that they might not be able to recover wihich compounds the money they are already owed.
 

Gollnick

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Mar 22, 1999
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28,912
The problem here is that the cc company sold the debt -- probably for a few pennies on the dollar. The new company has no historic relationship with you and no desire for any future relationship with you either. They view you as nothing but a potential source of profit. The only leverage you have with them is the word "potential" in that last sentence. Your bankrupty would end that potential. So, tell them that if you can't work something out with them, bankruptcy is your only recourse. They do not want that and so will work with you under that circumstance. Keep in mind that they paid a few cents on the dollar for your note. If you pay the note in full, they will make a huge profit. But there is plenty of room for them to come down and stil make a nice profit.
 
Joined
Nov 22, 2006
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I second what Gollnick said above.

Also, the summons may be real, or it may be bogus; an empty fake threat to get you to pay. Debt collection companies are not in the business of helping you through hard times, keeping you as a customer for the future or baking you cookies. They want your money for debt that they bought for pennies on the dollar. Once your debt goes to a collection agency, you are no longer taking food out of your dentist's baby's mouth, to be blunt (and hypothetical, I'm not accusing you of anything) that already happened. The dentist decided to accept the loss, recoup what he could from the debt agency, and move on with his life. He's out of the picture.

Many of these debt collection agencies operate with only the thinnest thread of connection to what's legal, nevermind what's proper and ethical.

But there are decent and upstanding agencies also. So:
Check the summons, and verify independently if it's real, by determining if it's a real courthouse and the date that's set is an actual business day on the calendar. Then you can call the courthouse and check if they will be in session that day to see debt issues, and for that matter if your summons number corresponds to something on their docket. They may or may not have all that info, so it still may be real even if they don't know.

But if it's a fake summons, well you've just been pranked.

Don't let (now or ever) debt collectors bully you or make you feel that you're scum or a deadbeat. Whatever caused you to be in debt, whether that was poor decision making, exigent circumstances, whatever, that's in the past and right now just because you can't pay in full does not make you a scumbag. The reality is that you made a business decision (maybe a bad one, maybe not) not to pay your debt, just like they made the business decision to buy the debt. Likewise if you have to declare bankruptcy, that does not make you less of a human being, this is a business decision that businesses and businessmen make all the time when they need to. Sometimes for good reasons, sometimes not.

The point is the present, and how to keep your house, and the future, specifically how to practice good credit. Forget the past and all the shoulda woulda and coulda's. Focus on how to get yourself on the right track and pay your bills.
 

gazz98

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Sep 3, 2008
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1. Verify the summons. I don't know how much fake summons abound nowadays, but a call to the courthouse would take care of that.
2. Don't ignore the summons. If you don't show up, I *believe* (I'm no lawyer mind you), the judge essentially proclaims ya guilty and takes the side of the debt collector. That's when they can start the procedure of garnishing any current and future earnings to the pay off the full debt. They also hit you for court and lawyer fees I think. Your 1300 might balloon to 1700 or something if you ignore it.
3. If summons is legit. Call the place and try to setup a payment plan for a reduced amount like others have mentioned. They bought it for pennies on the dollar and might take $500 on a payment plan. They make a profit and you save some $ in the long run.

I don't know if family or friends have offered to help out, but it may come to you swallowing your pride and accepting some help (if it exists). Especially if you can avoid a bankruptcy or future wages garnished.
 
Joined
Aug 1, 2009
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If this would be your wife's second bankruptcy in under 10 years, she is either very unlucky or doesn't understand how to manage money/credit. What would concern me is that you were unaware of the debt until it reached collections. Do yourself a favor and reign her in and keep a watchful eye. Best of luck to you. I hope your situation improves soon.
 
Joined
Sep 9, 2007
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There are only a very small number of reasons your wages can be garnished. Credit card debt is not one of them.
 

gazz98

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Sep 3, 2008
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There are only a very small number of reasons your wages can be garnished. Credit card debt is not one of them.

Are you sure? If ya google "credit card debt" and "wage garnishment", several places says they can garnish wages with a court order.
 
Joined
Jun 16, 2009
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I got a threat of summons about nine years back. I panicked and settled for under half of what I owed ( similiar situation as you Fog ).
The company seemd very real... good looking letter , girl answered phone , put me on hold , music in the background , busy but friendly guy who 'settled'' me....


When all was said and done , $450 Western Union , a month went by and no contact , after calling info in Watsonville no such company exitisted.

I got ripped , well before the age of indentity theft.

Make sure that company that is threatening you is legit.
 
Joined
Jan 18, 2009
Messages
685
I agree with most of the advice you have been given here, Stay in contact with them and try to work a settlement number. If you have a summons, go to court and tell your side to the judge, if you don't show he will issue a default judgment in their favor against you for whatever amount they are asking for. Keep in mina also that they can't do you any further harm, they have already done the dammage to your credit and the court is not likely to issue any garneshment order for CC debt, especially in that small amount, make them take you to court, that takes a lawyer and that costs them $$. It won't take long to eat up the "Profit" they have built into the number they are after.
 

FOG2

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Nov 1, 2007
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I ran the name of the agency on the summons, there all over the web as SCUMBAG supreme and are hoping you don,t show so they get an ez judgement.

They have also made deals w/folks who gave them money and thought all was good and then said folks were taken to court anyway.

Also lotsa people have sued them for illegal practices and they cut and run.

So the wife will be going to court,what she does while there or b4 still remains to be seen.We need to gather more info.

Thanks for the responses !
 
Joined
Dec 16, 1998
Messages
219
Start here, www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm also see what your state law says. See if you can talk to someone from legal aid, or if the court has any information, most will have something on the web, and/or pamphlets on the more common issues. What is the small claims court limit in your state? I can’t say that’s a small amount of money to you or I, but to the courts that is hardly worth messing with, so it may end up in small claims court, if so they usually have information available on what to expect and how their process works. The fist things I’d want to know is it a real debt, and how old the debt is. As others have said the debt has probably been sold, maybe more than once and the companys that buy debts are not know for playing by the rules. If it is a real summons show up, *I’m not a lawyer and this is not legal advice*, but most places if the defendant doesn’t show up, a default judgment is given to the plaintiff, possibly plus costs. Good luck.

Todd
 
Joined
Oct 31, 2007
Messages
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The problem here is that the cc company sold the debt -- probably for a few pennies on the dollar. The new company has no historic relationship with you and no desire for any future relationship with you either. They view you as nothing but a potential source of profit. The only leverage you have with them is the word "potential" in that last sentence. Your bankrupty would end that potential. So, tell them that if you can't work something out with them, bankruptcy is your only recourse. They do not want that and so will work with you under that circumstance. Keep in mind that they paid a few cents on the dollar for your note. If you pay the note in full, they will make a huge profit. But there is plenty of room for them to come down and stil make a nice profit.


BINGO! collection agencies are 3rd part interlopers.They CANNOT produce the original CONTRACT signed in blue ink that you made with the CC company. ASK THEM for the original contract and if they cannot provide it you do not need to pay.

I have written off more than $10,000 CDN in CC "debt" (hint, its NOT debt) because these idiot collection agencies cannot provide me with the original CONTRACT or BILL, as per the BOE (BILL OF EXCHANGE ACT).

read MARY CROFTS PDF, or WINSTON SHROUT and THINK FREE, BE FREE

Bushy, Freeman on the land
 
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