Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Has anyone had a civil suit filed on them because of credit card debt?

I was served a civil summons today. A credit card company is suing me because of the debt I owe. I know I'm going to show up for the court date, but I'm not sure what to do. Can anyone give me any advice?

Please don't start in on the irresponsibility thing. I had no intention into getting this deep in debt. My life and finances took a turn for the worse and I just couldn't pay. I still can't afford to.

Answer Question
 
Anonymous

Asked by Anonymous at 8:49 PM on Mar. 31, 2011 in Money & Work

Answers (12)
  • Well when you are served with a lawsuit, you typically have 20 days to file some sort of answer and file it with the clerk in the county where the action is filed. You can hand write you own answer and can affirm or deny each count as it applies. If you don't file an answer, the creditor will file a default against you which basically means you didn't dispute it and they'll get the judgment against you. On the papers you were served did they attach a clear and legible copy of your credit terms with them? If not, you can move to dismiss the action because they didn't follow proper procedure - but they'll just redo it. Honestly, if you owe the debt - call them and see if you can work out payment terms BEFORE they get the judgment against you. If you have the funds call them and offer them pennies on the dollar of the original debt amount. They may not talk to you, but they might. ........continued
    8Tinkerboo8

    Answer by 8Tinkerboo8 at 8:54 PM on Mar. 31, 2011

  • I know EXACTLY how you feel. I had a credit card in highschool, to get snow tires. they were 400. my mom said she would pay them off so I didn't think about it.
    found out she didnt
    i ended up owing 1600 after interest and everything and was then served with the same papers you have been.
    my mom freaked out and settled with them- paid them off. then I didn't have to go to court or anything.

    unfortunatly i dont know what you should do if you cant afford to pay them off. try and see if you can get a lawyer since you cant afford one. good luck<3
    ElsaSalsaaa

    Answer by ElsaSalsaaa at 8:54 PM on Mar. 31, 2011

  • If they won't, personally, i would just let them get the judgment and not worry about it. If you are really in debt I would check out your options for bankruptcy. It just all depends on your personal circumstances and how deep you are with everything. If you have specific questions you can PM me. I am not a lawyer and this does not constitute legal advice but I do have a legal background so I can answer some general questions for you. Good luck
    8Tinkerboo8

    Answer by 8Tinkerboo8 at 8:55 PM on Mar. 31, 2011

  • My parents were, and they didn't go and a warrant was issued. My mom was arrested during a traffic stop.
    Best bet, just show up I believe they will either work out a payment plan or garnish your wages... not completely sure though since my parents didn't go that rout.
    Anonymous

    Answer by Anonymous at 8:56 PM on Mar. 31, 2011

  • Not yet but I got one for a medical collection from my daughter's delivery that I couldn't pay. I don't want to give you legal advice because I don't really know what I'm talking about here, I'll just say what happened to me. I didn't pay so they sent me a summons and I didn't do anything so they sent a garnishment to my employer (embarrassing). My boss called his MIL who's a paralegal and she called the other attorney and worked out that I would pay them a few hundred up front and then $75 a month until I paid it off, and then they basically dropped the case. I know someone else who got sued on a student loan default and they were ordered to go to mediation with the other attorney but I don't know how that ended up. A lot of times you can settle it for less than you owe but an attorneys help would probably be needed. Believe me, this is not how I saw my finances going when I started out but things happen sometimes. Good luck.
    Anonymous

    Answer by Anonymous at 8:58 PM on Mar. 31, 2011

  • i was, didn't go to court since it was 2 hours away, a warrant was never issued for me, and this was nearly a year ago.
    Anonymous

    Answer by Anonymous at 8:58 PM on Mar. 31, 2011

  • There wasn't anything attached to the paper. It just has the court date and time I should be there. It dosen't say anything about an answer. Do I still need to send some kind of answer? I'm going to attempt to get it dismissed. If I have to I may file bankruptcy.

    I owe, I owe, off to work I go. =/
    Anonymous

    Comment by Anonymous (original poster) at 9:01 PM on Mar. 31, 2011

  • If you were served a lawsuit in order to protect your rights you must file an answer or they will file a default. Since you say you have a court date - I'm curious because that tells me perhaps they are suing you in small claims court. The information you are giving is a bit contradictory - I wouldn't recommend filing anything without legal counsel, because you don't know what you are doing. I would just recommend you try to work out payment arrangements. Back in the day when I was younger I had a few judgments filed against me, I just defaulted and a warrant was never issued - so we are talking about two different things here. What exactly does the paper say? Is it a summons to appear? Did you get paperwork saying they are suing you?
    8Tinkerboo8

    Answer by 8Tinkerboo8 at 9:13 PM on Mar. 31, 2011

  • I had this happen to me as well. I asked the cop that served me what this meant. He said what normally happens is the person getting sued calls and arranges a payment plan with the credit card. So as soon as he left, I called. I made payment arrangements and have been paying them. They said if I pay them every month on time that I am good. I didn't have to go to court. Which I don't know how I would have been able too since it was in another state. They would go to court and tell them I am making my payments and that they are happy with that. Anyway, I have 14 more payments to go.
    Anonymous

    Answer by Anonymous at 10:27 PM on Mar. 31, 2011

  • It says Civil Summons. Summon (my name) to appear before the general session court of said county, at the justice center (city, time, date) then and there to answer in a civil action brought by (name of bank) for ($$$) due upon sworn account, plus court costs. There are other boxes with my information and the banks information.

    I'm also in the middle of a divorce. My lawyer might be able to give me more info on what to do.

    Thanks for the replies, they are very helpful!
    Anonymous

    Comment by Anonymous (original poster) at 7:48 AM on Apr. 1, 2011

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.