Help going to court!

[Sun82]

What is the name of your state? Georgia

Hi sorry I am new here, The reason why I am going to court is that when I was 18 I got a credit card and messed up my credit. I have been avoiding the debt collector for quite some time, and now I just recieved a legit court date and the paper work from the court house today. My question is am I going to get arrested, if I don't show up to court? I am going to call the agency that is filing this claim to work somthing out, but it may be too late.. any advice?

 

[Rainaraines]

They won't arrest you, but the creditor could enter a default judgment against you. My advice is to show up in court and set up arrangements there.

 

[Rainaraines]

Also, has it been 30 days since you were served? If not, you need to answer the suit.

 

[Sun82]

georgia

I just picked up the papers today..Do you think it would be best to call the agnecy and try to work a payment plan? I don't want to go to court and have them take a percentage away from my checking on a weekly basis.

 

[I AM ALWAYS LIABLE]

georgia

I just picked up the papers today..Do you think it would be best to call the agnecy and try to work a payment plan? I don't want to go to court and have them take a percentage away from my checking on a weekly basis.

My response:

You have already shown that you can't, or won't, make payments on your own. What makes you think that they can "trust" you now? Your word? Your "word" (along with your signature on the contract) is worthless.

There is no choice for you. You either appear in court and let them obtain a judgment against you, or you agree to sign a "Confession of Judgment". Either way, the creditor is going to garnish your wages. That's the only way you're going to be able to make any "deals".

IAAL

 

[Ladynred]

Ok. Who's suing you ?
When did you last pay the ORIGINAL CREDITOR ?

GA has a short SOL on credit cards - 4 years, so when you last paid is an important question. IF it was more that 4 years ago, you have an affirmative defense and you can likely succeed in getting the case thrown out. It must also be part of your Answer to the Complaint.

If the instructions with the summons says you must file an Answer to the Complaint, then you must do so, or they win by default.

If the SOL does not apply, then you still need to Answer and you still need to go to the court date. It is highly likely that you will be sent out to try to settle with the creditor before it ever goes before a judge, so you DO have a chance. You could still end up with a consent to judgment - which means they get the judgment anyway but won't enforce it as long as you keep your end of the bargain.

You can find info on how to Answer the lawsuit here:

http://www.nwjustice.org/docs/205.html (WA law but its a good template)

http://www.legalhelp.org/affirmative_diffense.htm

http://www.legalhelp.org/answering_complaint.htm

 

[Sun82]

what will they do If I am currently unemployed? and have nothing in my name? I would like to set up a payment with them, because I will have a friend lend me the money monthly. Im scared

 

[Ladynred]

Don't blame you for being scared, but there's really no need, a courtroom is not an execution chamber You have rights if you choose to exercise them and use your head. Fear and intimidation is a major factor in collections - and that includes hauling you into court. You can NOT be arrested for not paying a debt, debtor's prison was abolished in the mid 1800's !!

If you are not working, have no assets, no money in the bank, then there's really not much they can do to you except get the judgment. Once you do get a job, THEN you have something to worry about if they find out - and they can do that with periodic debtor's exams (either court or sending you questions you MUST answer). A judgment isn't necessarily about what you have NOW, its as much about what you will have LATER that they can go after.

File your Answer, go to the court date and do what you can to negotiate a settlement.

You didn't answer my previous question - When did you last pay the original creditor ??

 

[Sun82]

midland credit it's been about 2 1/2 years since providian sent my account to midland, and I have never spoken to that debt collector. Do you think I can contact there office and try to work somthing out. Do I have a small chance?

 

[Ladynred]

Midland is bad, Providian is worse, they are sue-happy, unfortunately.

Unfortunately, if Providan dumped this 2-1/2 years ago, it went delinquent 6 months before that, so you're still within the SOL.

Yes, you DO have a chance to settle. You can also contact the law office BEFORE the court date and see if you can work out a settlement agreement, just make darn sure that you get ANY agreement IN WRITING - even if you still end up in court. Since its been about 3 years, I'd offer them 25-30% of the total to start with and wouldn't go a dime over 40-45%. If Midland bought the debt, they paid PENNIES on the dollar for it, so even 25-30% is a profit for them.

 

[I AM ALWAYS LIABLE]

midland credit it's been about 2 1/2 years since providian sent my account to midland, and I have never spoken to that debt collector. Do you think I can contact there office and try to work somthing out. Do I have a small chance?

My response:

Are you not reading?

I already told you that the only way you're going to stay out of court is to agree to sign a "Confession of Judgment". That way, a judgment will be placed against you, and then the creditor MIGHT allow you to make payments.

Remember, you've already failed to make payments on your own. Your word, and your signature, by itself, is worthless. The creditor needs, and will insist upon, a judgment against you - - one way or the other.

IAAL

 

[Sun82]

sorry guys, im just really nervous and feel like I'm going to piss in my pants. I am going to call midland tomorrow. What should i expect them to say? what should i say? ugh..i dont feel good
what is a judgement?

 

[coosi]

Sorry guys, im just really nervous and feel like I'm going to piss in my pants. I am going to call midland tomorrow. What should i expect them to say? what should i say? ugh..i dont feel good"

**First, go to the bathroom Okay, feel better? LIR told you what to offer. If you're not working, tell them that. Offer them 25% and tell them a friend will loan you x amount monthly. Don't offer them over 45%. They may not accept that, if you could borrow the entire 25% your chances would be better.

You won't go to jail over this. If you can't work something out, show up in court.

The WORST thing that can happen is you feel embarrassed in court, your paycheck gets garnished (and there are limits on the % that can be taken) and you end up paying what you legally owe (plus fees, I imagine) and learn a lesson, hopefully never to be repeated. Then, it will be behind you and you'll feel much better!!

 

[Sun82]

ok and yes I am a retard, lol you say offer them 25% but not over 40% Is that settlement wise or payment wise? say I owe 1,750 I offer them 25% which is $438.00? and arrange to make payments? Im confused. If I get lucky and they are willing to settle for 25% of it on the phone, do I go ahead and pay them? or send out money through a western union, so they wont get my bank info? ahhh!!!

 

[cf6-80c2]

Providian does not necessarily keep good paperwork. File an answer and request validation of the debt including a signed copy of the alleged "contract" IAAL was refering to. He is correct that they will not trust you as you should neither trust them. They will feed you a line of bull on the phone and proceed with a default judgement

I never had to go to court and won 2 cases, on of which was against Providian. Do not be intimidated by them or their attorney. They do not want you to challenge them. If it is really a problem your doctor will most likely give you a temporary prescription for xanex for stress and anxiety. Once they get the default judgment they will have no motivation to work with you since they can just take it.

File an answer and make them work for their money, you will have to pay the same amount in atty fees regardless of whether their attorney or clerical worker does the work.