4 days ago, I came home and received a summon paper (SUM-100) in my mail box, said I am being sued by a credit card company. The case is filed at my local resident, California. Limited Civil Jurisdiction. File date Feb, 28, 08. There is no court appearing date indicated, but the first page said that %26quot; You have 30 calendar days after this summons and legal papers are served on you to file a written response at this court %26amp; have a copy served on the plaintiff.....%26quot; I never sign the served paper. They sue me for $5,200, plus 10% interest and $1,300 attorney fee. The time of last payment of the debt is within 4 yrs. I don%26#039;t remember that I even used this creditcard or sign it. I just came out from a bad divorce, have no job, beside my car, my bank account with limited money, I own nothing in my name. Can the bank get judgment to freeze my bank account, take all money in it, take my only car, if I choose to ignore the served paper? Please help, any advise is greatly appriciated.
I am being sued by credit card company, how do I response?
if you iqnore it they can get a judgement. They are counting on you iqnoring it. Go to the court and discuss it with them
I am being sued by credit card company, how do I response?
Yes, they can get a judgment if you don%26#039;t respond. Write them telling them it isn%26#039;t your debt. If taken to court show up and say it isn%26#039;t your debt. They will need to show proof that it is yours to get a judgment. Your SOL may have expired so you can use that as an affirmative defense if you show up. If you don%26#039;t show up you will lose by default.
I am being sued by credit card company, how do I response?
If you could have made at least the minimum payment due each statement period, you would NOT have been sued.
Try talking to them and making a payment plan. Tell them you will pay each month somewhere like $100, $150 or even $200. Once you start making payments, they would then consider dropping the lawsuit. I am sure they would comply.
The problem it seems is that you just never paid anything. If thats the case, then you%26#039;re headed for huge trouble and no attorney will be able to defend you successfully. Instead of wasting huge bucks on a defense attorney, pay the credit card company.
$6000 is not a huge amount. It can be paid easily in less than 1 year.
I am being sued by credit card company, how do I response?
try to settle with them
I am being sued by credit card company, how do I response?
You have to answer the summons. You need a lawyer unless you know how to defend yourself in court. If you do not answer the summons, a default judgment will be entered against you and the court will give the CC company legal rights to lien, garnish etc. If you want to fight the case, simple plead not guilty or deny the claim in a summary. You only need to deny it and the court will proceed to you having your day in court. At this point you will get dates to appear in court. Do not write I don%26#039;t remember that I even used this credit card or sign it. I just came out from a bad divorce, have no job, beside my car, my bank account with limited money, I own nothing in my name. If you do, that will be your defense and you will not be able to take it back or alter it if you have a better defense to cite. The bank only wants to sue you. After they may make a settlement offer in judgment collection. In courts for cases such as contracts you do not need to sign the summons. All is required is an oath it was delivered to your mail. And who would sign it to be sued, no one who gets sued, so it is accepted by the court. You can call the clerk of court for instructions on how to answer your summons. Good luck
I am being sued by credit card company, how do I response?
This has happened to me but in a different way. My ex Husband did it to me. What you need to do first, is get all the paper work, even from the divorce, and paying on creditcard balance for several months ahead and get them all together. What you can do is switch it around and have it put on her, they will not drop it. Then you need to go get you a real good attorney that handles Credit cards liens, or judgements. And then that when you let him do the rest of the work, but in the mean time, don%26#039;t talk to noone other that your attorney about that. If you get something thru the mail from them take it to your lawyer. Cause what the police always says %26quot;You have the right to remain silent anything you do or say can be held against you in a court of law.%26quot; Remember that. Do that, cause you ain%26#039;t got nothing else to loose. I just hope this helps.
I am being sued by credit card company, how do I response?
If you dont show up for court they automatically win. What you want to do is have them validate the debt first. Here is a good example of this letter http://www.adviceontime.com/Credit/Credi... In court have them validate the debt because its your civil right under the Fair Debt Collection Practices. That should delay the court date. usually they will file it costs them $25.00 to file a suit hoping that you don%26#039;t show up to contest, thus giving them an automatic win. But if you show up more than likely they will just drop the case. It could be different in Cali, but thats how it goes down in Texas.
I am being sued by credit card company, how do I response?
Hi,
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