Advice About a Civil Suit on an Old Credit Card Debt

Is it possible to settle out of court for a civil suit on an old credit card debt?

I have a civil suit for old credit card debt and I would like to settle out of court with a payment plan. Is this a possible option?

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Bill's Answer
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Bills.com Team
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The simple answer to your question is yes, it may be possible to negotiate a repayment arrangement with this creditor out of court to prevent this lawsuit from proceeding any further.

First, you should carefully review your finances to determine what you can afford to pay each month to resolve this debt. Be honest with yourself about your financial situation and you ability to pay; if you overextend yourself, then you will likely end up defaulting on your new payment plan, which could make resolving the account even more difficult in the future. Once you have an idea of what you can afford, you need to contact the creditor’s attorney to try to negotiate a workable repayment plan. For example, the creditor may be willing to accept a percentage of the amount owed, say 80%, and allow you to repay that amount over the course of several years.

Some creditors are not willing to reduce the balance owed, but will still agree to a payment arrangement on the full balance to resolve the debt. It is relatively uncommon to find a creditor who simply refuses to negotiate with consumers, so I would be surprised if the creditor was not willing to offer you some type of repayment plan.

Generally speaking, once a lawsuit has been filed to collect on a delinquent account, the creditor will ask the consumer to sign a stipulated judgment, which states that the creditor will take a judgment against the consumer, but that it will not try to enforce the judgment as long as all agreed upon payments are made in a timely manner. The key to resolving this account in an affordable manner is to contact the creditor’s attorney as soon as possible before the creditor escalates its collection efforts any further.

Due to the fact that this creditor has filed a lawsuit against you, you may wish to consult with an attorney in your area to discuss your situation and how you should respond to the lawsuit. In addition, your attorney could likely assist you in negotiating an affordable repayment arrangement with the creditor, which may be easier if you feel uncomfortable contacting the creditor’s attorney yourself. Also, if for some reason this creditor is not willing to negotiate affordable repayment terms, an attorney should be able to discuss the alternatives available to you to help you resolve this lawsuit. Bills.com offers some tips for consumers who are trying to negotiate with their creditors, available online at the debt settlement section.

As I mentioned, the most important steps for you to take right now are to determine how much you can afford each month, and to then contact the creditor to try to work out a repayment plan to resolve this lawsuit. If you are able to reach an agreement with the creditor, I strongly encourage you to obtain a letter from the creditor or its attorney outlining the agreement upon terms before you make any payments to the creditor. Having a written agreement will provide you with evidence of the repayment plan if the creditor ever tries to renege on the settlement. If you would like to read more about the various options available to consumers struggling with their debts, I invite you to visit the Bills.com debt help page.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

119 Comments

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  • 35x35
    May, 2012
    Kennith
    Someone I know was just served , since I handle their bills can I contact her creditors or should I have my attorney do it?

    Also, a gas credit card company that I never used and cancelled is trying to claim I owe them money but I never used the card, what should I do, the bill is only $100 so it's not worth attorney fees but I know I don't owe them.
    0 Votes

    • 35x35
      May, 2012
      Bill
      1) It is unclear if you have power of attorney for "the someone you know." If you do not have power of attorney, you would be a good friend if you would explain the service of process and summons to this someone, and then help them find a lawyer to answer their questions.

      2) Regarding the gas credit card, on what basis does the issuer claim you owe $100? Was this an annual fee of some kind? Was the $100 the total of a series of transactions? If someone you did not authorize used the account, then file a claim with the card issuer. If, on the other hand, the $100 is an annual fee for opening the account, then I do not see you have much to stand on.
      0 Votes

  • 35x35
    Mar, 2012
    Herman
    What are the documents needed by the junk debtor to collect on a suit?
    0 Votes

    • 35x35
      Mar, 2012
      Bill
      Please see the Bills.com resource Debt Validation for a discussion of what level of proof is necessary to validate a debt.
      0 Votes

  • 35x35
    Feb, 2012
    Tammy
    Hello - I received a summons today on an old debt from a furniture company. I had full intentions on paying but ran into a financial situation where it was more important to pay medical bills and my hubby was out of work. I'be been reading about the SOL and even though the original transaction occurred in 2005 the date that is being ref in the Affidavit is three years later. If I was trying to go the route of the SOL wouldn't I be referencing the original date? Also - people have told me it is better to try to settle in court vs before since the lawyers are normally better to work with than the debt collectors - do you think that is total rubish? I'll be representing myself in TN
    0 Votes

    • 35x35
      Feb, 2012
      Bill
      The Statute of Limitations is based on a running clock from the date of your last payment, not when the original transactions took place. If you feel that the debt has passed the SOL, then go to court and raise the SOL as an affirmative defense. Why settle the debt, if you are not legally required to pay it?

      You may want to speak with a lawyer, who can review all the facts and give you a professional opinion on whether the SOL will protect you. He or she can review the opposing side's paperwork, to weigh the validity of its claim that the proper date is 2008.
      0 Votes

  • 35x35
    Sep, 2011
    Joy
    I entered into a stip judgement w/ a creditor/atty on an old credit card debt. They both know I have retained a bk atty but I couldn't open the file before the court date. I should be filing the bk within 2 weeks. They are trying to collect on the judgement. Can they do this? Is there a period of time between the filing of the judgement and when I HAVE to begin payments? Any info would be appreciated.
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      A judgment-creditor can begin collections as soon as it has the judgment in hand. I know of no statutory waiting period in any jurisdiction that mandates a waiting period before collections can begin.

      Just because a judgment-creditor asks you to start payments on the judgment does not mean you need to do so, unless a court so orders it. Consult with your bankruptcy lawyer about this issue. He or she has details about your judgment that I do not.
      0 Votes

  • 35x35
    Sep, 2011
    Vanessa
    I had several credit cards when i lived at usa (florida). I could'n get the residence so i was deported to mexico (2006) and the bills were not paid... what can i do??
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      I see two options: Pay the balance as you can, or ignore the debt. If the debt is small, then I doubt the credit card issuer will attempt to locate you. If the debt is large, then you can expect the credit card issuer will attempt to collect the debt in your home country.
      0 Votes

  • 35x35
    Sep, 2011
    Lisa
    I have two lawsuits pending against me. I'm challenging both, responding with an answer and filing discovery. The first is in limbo. They never responded to my discovery requests so I filed a motion to compel and it was dismissed because my request was not filed with in correct time frame. HOWEVER, now it's just in limbo and nothing is happening. They have not filed anything else and now just call with recorded requests for the money. So my QUESTION IS, what do I next as far as filings with the court. (It has been over 3 months) The second lawsuit has not responded to my request for discovery and instead sent me a letter of settlement which is basically written to the court saying I agree to make payments and they would like to dismiss with prejudice. I have not agree to anything and do not plan on paying anything. I think it's just a trick to get me to admit guilt and/or acceptance that this is my debt. I want us to proceed in court because I dont think they will win. So my QUESTION is, do i need to respond to their letter?
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      You are asking for legal advice, which I cannot provide. Consult with a lawyer in your state who has civil litigation experience. He or she will analyze the documents relating to your case in detail, and will advise you accordingly.
      0 Votes

  • 35x35
    Sep, 2011
    Meli
    I have several unpaid credit card debts after being laid off in 2008. Most of the debt has been sold and sold again but I have one credit card company that filed a civil lawsuit under Rule 3.740 Collections. They even attempted to serve me at a previous address but I was no longer residing at the home. When I check the status it just lists the case as "pending". It has been pending for over 250 days. What further action can they take against me and how should I proceed? I truly don't want to file bankruptcy since the SOL on these debts is next year.
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      The issue at the heart of your question concerns the civil procedure rules for your state. Were you given adequate notice of the lawsuit? Consult with a lawyer in your state who has civil litigation experience to learn the status of the complaint filed against you.
      0 Votes

  • 35x35
    Sep, 2011
    Kim
    I won an old credit card collections suit which was dismissed without prejudice over a year ago. Arkansas law states that the creditor can re sue within 1 year of the dismissal. The collection company never refiled, but sold account to a different collection agency. My question is...can the new collection agency refile against me? Or did the refiling have to be done within the year regardless of who has the debt now.
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      If the new collection agent files a lawsuit regarding the debt in question, you have a good estoppel argument you can apply in answering the complaint, and a fair res judicata argument because the new action is based on transaction or occurrence that was already litigated by a different party.
      0 Votes

  • 35x35
    Aug, 2011
    Jen
    My husband was sued for an old credit card debt. He tried working with the collector but they wouldn't budge, so he filed a response to their summons and got a court date, which was today. He showed up and was told by the clerk that the case was dismissed. We don't have any paperwork, yet. The clerk said it would be mailed to us. What does the dismissal mean?
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      It means that the lawsuit was either dropped or dismissed by the judge. This means that you did not have a judgment placed on you by your creditor (so you cannot be garnished, levied, or have a lien placed on an asset). Congratulations. It does not necessarily mean that they cannot try to collect in the future though.
      0 Votes

  • 35x35
    Jun, 2011
    tony
    I reside in California and have old credit card debt (3 years) that was taken over "I guess" by an attorney and today received a summons regarding the debt. My question is The last page of the summons states "you are hereby noticed to personally appear on a date that is then end of next year 12/13/12. Why would they summons me today for a court date that is almost 18 months away? Thanks
    0 Votes

    • 35x35
      Jun, 2011
      Bill
      No California court would issue a summons for a hearing 18 months into the future. Either that date is dead wrong, or the summons you received is bogus.

      Take the summons to a California lawyer who has experience in civil litigation. He or she will sniff out a fake summons in seconds.
      0 Votes

    • 35x35
      Jun, 2011
      Tony
      Thanks for your help: here it is straight from the county court house: valid lawsuit according to the county: Action Text Disposition 12/13/2012 10:00 AM DEPT. T1 HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA).
      0 Votes

    • 35x35
      Jun, 2011
      Bill
      Amazing. Apparently, some California courts do schedule 18 months in advance.
      1 Votes

  • 35x35
    Jun, 2011
    Mary
    I live in Ca and I'm being sued for a small loan of $4000.00. I had paid it down to $3000.00. I stopped making payments when I lost my job and was pregnant. I'm trying to work out a payment plan with the attorney's office that are debt collectors, but they are being completely unreasonable and I don't have the money to hire an attorney. They want me to pay it in full $930 month for 6 months($5600), which there is no way I can do or $200 for 48 months with %10 interest which is something like $10,000!!! Plus she wants to put a lien on my home. I proposed the $5600 and I'll pay $150 -$200 month til its paid and they will not budge. Should I go to court and tell the judge that they will not work with me (without attorny)or should I just work it out with them? I feel I do owe the $5600, but not $10,000.
    0 Votes

    • 35x35
      Jun, 2011
      Bill
      First, read Debt Negotiation Tips and Advice to learn techniques for dealing with collection agents and negotiators. Second, look into Bankruptcy. I am not suggesting that bankruptcy is your best option, but one way to deal with an aggressive negotiator that is bent on extracting an unreasonable amount of money from you is to up the ante. If you arm yourself with bankruptcy information, you can wield it as a negotiating point: "Be reasonable with me or get zero — it's your choice."
      0 Votes

  • 35x35
    Apr, 2011
    Amy
    Hi, My parents just got a letter from the district court saying i am being sued by main street acquisitions. I think it's my old credit card debt. I've never heard of the company before and have never even gotten any mail in the last 2 years regarding the debt. My parents live in NH, and I haven't lived there for 2 years. I live in VT now. What should I do?
    0 Votes

    • 35x35
      Apr, 2011
      Bill
      Do not ignore the letter. Consult with a Vermont lawyer who has experience in consumer law. At minimum, the lawyer will contact the lawyer for the plaintiff to explain that you are no longer at that address and are residing in another state. Your Vermont lawyer need not divulge your present address, but should expect the plaintiff's lawyer to hire a Vermont lawyer to file a new motion in your state. Ask your lawyer to use this opportunity to validate the debt, and to ask the plaintiff for a settlement offer.
      0 Votes

  • 35x35
    Apr, 2011
    Hope
    My husband is being sued for a cc debt from 2009, I tried to talk to the creditor but they didn't want to agree with a payment plan because I was only able to offer like $20 month. We had a civil court date back in Jan. the creditor never showed up for the court date, the judge put the case in my husbands favor. Now they are filing for a judgement against him. We live in Bucks County, PA.
    0 Votes

    • 35x35
      Apr, 2011
      Bill
      The plaintiff (the collection agent or original creditor) lost its case and now has the chutzpah to ask for a judgment? Consult with a lawyer in your state who has experience litigating civil cases, or is experienced in consumer law. If you or your spouse cannot afford a lawyer, call your county bar association and ask for the name of the organization in your area that provides no-cost legal services to people with no or low income. Make an appointment with that organization and bring all of the documents relating to the debt and the court hearing to the meeting. The lawyer you meet will review your documents and advise you accordingly.
      0 Votes

    • 35x35
      Apr, 2011
      Hope
      We don't have any receipts of the bills, all we have is the paper saying that judgement was in his favor due to him showing up in court and the plaintiff not showing up.
      0 Votes

  • 35x35
    Apr, 2011
    lorenzo
    My uncle just received a summons- he is being sued in California The summons is date stamped April 12, 2011 but he found the summons folded and stuffed on his front door today April 18, 2011-- six days after they filed is that legal? do they intentionally serve them later to give you less time than the 30 days to reply? Also the last payment made on this credit card was on April 12, 2007 So its exactly 4 years to the day and CA has 4 yrs SOL. Can he motion to dismiss? he is a senior citizen fixed income cant afford to repay if he did he would have back in 2007. I see maybe bankruptcy might have to be considered? Oh and the plaintiff aka attorney for the debt collector is based in San Francisco and case was filed "by fax" in Los Angeles thank you in advance for your reply.
    0 Votes

    • 35x35
      Apr, 2011
      Bill
      Consult with a California lawyer who has experience with civil litigation.

      California law allows a plaintiff to file a lawsuit with the court clerk before serving the summons and complaint on the defendant, but there is a time limit for completing the service.

      Regarding filing a lawsuit via facsimile, that is a court by court question. Again, take the summons and complaint to a California lawyer who will review the documents in person, and will research if the filing was permissible. Yes, a lawyer's time is not cheap, but if the plaintiff made a fatal error in filing the lawsuit, the money spent on research now will be well worth the cost.
      0 Votes

  • 35x35
    Mar, 2011
    Connie
    I was taken to court Sept of 2009 where as after my lawyer talked to theirs, their lawyer dismissed it with prejudice. All of a sudden Jan. 2011 The same company keeps calling demanding I pay this as see it as a debt I owe when 1. I did not make the charges, 2. I did not authorise the charges, 3. I did not authorise anyone to be added to that account, 4. I still have the letter they sent me the same day they allowed someone to make these charges telling no one would be added to the account or allowed to charge on it until this form was filled out and signed by both parties. What do I do now my layer has written the other asking that they stop calling yet they persist even after I told them the case was dismissed with prejudice by their lawyer and to stop calling me. They claim they can still attempt to collect the debt their own lawyer has demmed not mine.
    0 Votes

    • 35x35
      Mar, 2011
      Bill
      Ask your lawyer for a referral to an attorney that specializes in violations of the Fair Debt Collections Practices Act. I am not able to tell you whether or not the collection firm is violating the FDCPA, but the attorney will be. If they are, you can take legal action against them.
      0 Votes

    • 35x35
      Mar, 2011
      Zoli
      I found out by accident that I am being sued- the summons was sent to the wrong address. I know I can get a dismissal on that alone but should I allege other violations too such as FDCPA issues in the Motion to Dismiss? If dismissed, can they refile?
      0 Votes

    • 35x35
      Mar, 2011
      Bill
      My first and last thought regarding your question is to recommend you consult with a New York lawyer who has civil litigation experience. Each state's civil procedure rules vary, and I am not competent to comment on your situation and New York law. You may be able to quash the summons, but it is likely the plaintiff will be allowed to refile the summons.

      The FDCPA gives consumers causes of action to sue creditors who violate the FDCPA. Any response you make to the summons alleging FDCPA violations will be in the form of a cross-complaint or countersuit. Any evidence of a FDCPA violation does not necessarily negate a plaintiff's breach of contract cause of action it is using against the defendant as a means to collect on a debt. As I mentioned at the start of my reply, consult with a lawyer in your state to discuss tactics and strategy for dealing with the summons.
      0 Votes

  • 35x35
    Jan, 2011
    Louise
    Don't pay them. Go to court. I paid only to find the company would not accept my last payment agreed upon, so the next attorney could come in on me with the full amount. This is exactly what was done to me after I had paid them off completely the first time, but the old credit card had a few dollars on it that ran up in interest. So to get rid of this for good I talked to the attorney and we agreed upon half the amount of the original bill. Ok. This is when they didn't accept my last payment. In a few weeks here's a new Attorney sueing me for the full amount of the credit card. To do all over again. Makes you feel, just short of shooting one of them.
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      Your story illustrates why it is so important to get things in writing. If you had a written agreement saying that your payment of $X paid off your account in full, then the creditor could not come back and say that some lingering interest was not accounted for and that you still owe them.
      0 Votes

  • 35x35
    Sep, 2010
    Bill
    American Mediation's business is to find consumers who have had a lawsuit filed against them, but the case is not yet been heard by the court, and try to reach an out-of-court settlement before trial. If you have a lump-sum you can offer as a settlement, then by all means negotiate the debt yourself or hire a company to do the heavy lifting for you. However, if a lawsuit has been filed against you, you must move quickly and 1) make sure the lawsuit is real, and 2) validate the debt to make sure the debt is collectible. Consult with a bankruptcy attorney in your state who can explain your options if, as you mentioned, you do not have a lump-sum to offer.
    0 Votes

    • 35x35
      Aug, 2011
      Amanda
      ok so I am currently in a lawsuit with a collections agency and I am the person going after them.. and even though I have a lawyer and they arent supposed to contact me since we will be going to court soon... the keep calling me! I contacted my lawyer but isn't there a law saying they aren't even supposed to contact me?!
      0 Votes

    • 35x35
      Aug, 2011
      Bill
      If you sent a cease and desist letter to a third party collections agency they are bound by the Fair Debt Collections Practices Act from calling you. This only applies to third party collectors, so if the people calling you are employed by the original creditor directly, your cease communication request would likely have no force under the FDCPA.

      Your lawyer handling your lawsuit should be able to answer your questions or you have the wrong lawyer.
      0 Votes

  • 35x35
    Aug, 2010
    Silvia
    My name is Silvia. I owe lump sum of balance to few creditors. I stopped paying my cc bills for about 8 months now due to low income and increasing interest rate. At first the collection companies called me and I ignored them. I even received letter from LLC companies wanting to help me litigate my debt, which I also ignored. Then I started to receive threatening letters from law firms. I "googled" their contact numbers to see if they're legit, and the reviews stated that those specific phone numbers are not an actual law firm. They were hired by the banks to scare the customers to think that it's a actual law firm trying to cllect money. But few days ago, I received a letter from American Mediation stating that Citibank has filed a civil suit on 7/22/10. American Mediation stated in the letter that they are not connected with those who filed this suit but they work with the court public record to help consumers resolved their court cases, prevent jugments, wage garnishment and court appearances. It says I will soon be served with court summons which is only going to allow me 30 day limit to respond to the court from the date served. At this point, I'm thinking of going to an agency that helps you litigate my personal debt, or file bankruptcy. I'm really worried and scared not because of ruining my credit but I'm afraid that I may have to pay a lump sum of money which I don't have... or that they may have total control over my bank accounts in taking my money without permission.. Please help me in what I have to do..
    0 Votes

  • 35x35
    Aug, 2010
    Bill
    You mentioned Pennsylvania. See the Bills.com resource Pennsylvania Collection Laws for a general primer on Pennsylvania's debt laws. If the other party does not appear at a hearing, the court has the option to dismiss the case. Consult with a Pennsylvania attorney regarding what to expect in a breach of contract hearing. It appears you want to acknowledge your responsibility for the debt, but that you cannot repay it. You may wish to explore other options including bankruptcy.
    0 Votes

  • 35x35
    Jul, 2010
    Rebecca
    My husband and I both had a capital one account. We opened them both in an emergency situation and were able to make payments on the balance for awhile, but then fell behind. We haven't been able to pay basic necessities let alone a cc payment. So basically we stopped paying on the cc. Today I received 2 summons for a civil suit - one for my husband and one for me. We don't have enough income to make payment arrangements (we would just fall behind again anyway). What is the typical process? We both plan to appear at the hearing. I have heard that if we show up, and the other party does not, then the case will be dismissed. Is that true? We live in Pennsylvania (Pittsburgh). One party is from Pittsburgh (so I expect them to show) and the other is from Philadelphia (so I do not expect them to show). What paperwork should I take with us? Copies of pay stubs? Copies of other bills that need paid? I just don't see how we can afford to pay this - at least right now!
    0 Votes

  • 35x35
    Jul, 2010
    Bill
    Read the Bills.com resource Domesticate a Judgment to understand the basic law involved in pursuing a debtor across state lines. The facts in the link I just mentioned are slightly different from yours (the states are different) but those details do not matter regarding the overall analysis of the issue.
    0 Votes

  • 35x35
    Jul, 2010
    Igor
    Its been over a year since I've been laid off and have not been able to keep up with my bills. My account has been sold off to some attorneys in Chicago and they recently pulled my credit history (I check it frequently), so I'm expecting them to file a lawsuit etc.. But I do not live in Illinois anymore, I moved few months after being laid off to Ohio, to live with some relatives to try to get back on my feet. What can I expect them to do now? How will that law firm get in touch with me? Can they file a lawsuit in a state I no longer live in? Any help is appreciated.
    0 Votes

  • 35x35
    May, 2010
    Bill
    Call your county bar association, and ask for the name of the local organization that provides legal services to low- and no-income people in your area. Make an appointment with this organization and bring all of the documents you have that prove what you wrote above to that appointment. Also, bring the summons and complaint to the meeting. The attorney or paralegal with whom you meet will be able to advise you according to your state's laws.
    0 Votes

  • 35x35
    May, 2010
    Robin
    I was recently served papers in a civil suit brought against me by an attorney for a collection agency. My problem is that I recently became aware of many discrepancies on my credit report, i.e.; addresses and phone numbers that do not and have never belonged to me, different variations of the spelling of my name, employers that I've never even heard of, along with two different social security numbers other than my own! I contacted the credit bureau and they did succeed in removing some of the false information but some is still there. In light of this, I recently placed a fraud alert on my credit report and am in the process of filing an identity theft report with local law enforcement. I have 90 days to do so before the fraud alert is removed from my credit report. Now this civil suit has been brought against me. I cannot afford an attorney, I have very little money left over after the necessities of survival are paid for each month. So I typed a letter to both the attorney who brought the charges against me and the court from which I received the notice of the suit. I explained my situation in the letter and asked for proof that the debt is indeed mine, i.e., the original contract with my signature. I have also assured them that I will cooperate if the debt does turn out to be mine and make arrangements for payment but I want to see proof first. Is there anything else I can do? I haven't heard back from the attorney yet. Nor the court. But it's only been a couple of days since I sent the letters to both parties.
    0 Votes

  • 35x35
    Mar, 2010
    Bill
    For more information about Georgia's collections laws, see Governor's Office of Consumer Affairs Debt Collections page and the LexisNexis Official Code of Georgia Annotated Web site for more. See also the Bills.com resource Georgia Collection Laws for a summary of your rights and the rights of creditors.
    0 Votes

  • 35x35
    Mar, 2010
    Ty
    I am being sued by a third party junk debt buyer for a cc debt in GA. The account has been sold twice since and original creditor has charge the amount off. I have requested assignments and agreements from the Plantiff's attorney (which is also a debt collector) but they have failed to provide any documentations. Can I file a motion to comply and have the case dimissed if they failed to attach original contract or assignments? If so, what rule can reference in the motion ?
    0 Votes

  • 35x35
    Mar, 2010
    Bill
    Dismissed without prejudice has no relationship to your credit report. It means simply that the plaintiff can bring suit again if it uncovers new evidence or uses the same evidence with a different legal theory. See the Bills.com resource Seven Years of History and Credit Reports to learn more about when items must be removed from your credit report.
    0 Votes

  • 35x35
    Mar, 2010
    Jordan
    I was sued by capital one and it was dismissed without prejudice. Does this mean that they can still keep reporting to the credit beaureaus or that it should be taken off of my credit report?
    0 Votes

  • 35x35
    Mar, 2010
    Bill
    "Keeping the process private" is not just polite but is federal law so the collections agent is not doing you any favors by making that promise. If "keeping the matter private" is a code phrase for wanting to transact business entirely on the phone, and the collections agent refuses to use the postal service, then you are dealing with an unscrupulous collections agent and not someone trustworthy. Validate the debt. The debt is noncollectable if the company refuses to do so or does so inadequately. A collections agent is not your attorney, and most legal advice from collections agents is incomplete or wrong, and is always self-serving.
    0 Votes

  • 35x35
    Mar, 2010
    Carolyn
    The name of the company is Nations Recovery Services or Center. The person who calls claims to be a civil claims processor but when I called the number that was left in the voice mail. It says I have reached a senior account representative. The person who calls keeps saying that they want to keep the process private and I have not recieved any form of written notice that they are trying to collect this supposed debt. I am thinking that in the messaage they would at least say who they are representing in the matter.
    0 Votes

  • 35x35
    Mar, 2010
    Carolyn
    I keep getting calls from a place saying that they are going to file a civil suit. The message does not say what it ia about and because of my work schedule when I call there is no answer. I have done some research and the number that comes up for the company has a lot of scams attached to it. I have checked my credit report and everything seems ok. Should I try to contact them or ignore them. They are based in GA and I live in NC.
    0 Votes

  • 35x35
    Mar, 2010
    Bill
    Continue to make your payments as you have agreed (and I assume you have an agreement with American Express for this payment plan) until the debt is satisfied. You do not require representation by an attorney in this situation if you have an agreement to repay the debt. If American Express is asking you to sign a contract to settle the debt using language, terms, or conditions that you do not understand, consult with an attorney in your state who has experience with consumer law. However, if American Express has filed a lawsuit against you then I would suggest you consult with an attorney so that you understand your rights and liabilities according to your state law.
    0 Votes

  • 35x35
    Feb, 2010
    John
    I am been notified by several law firms informing me that I am being sue by Am EX over a $4,700.00 bill, and that they want to represent me in court. I am able to make payments, how is the best way to handle this? Thank You.
    0 Votes

  • 35x35
    Feb, 2010
    Josh
    Thanks! That is encouraging news
    0 Votes

  • 35x35
    Feb, 2010
    Bill
    An offer of settlement will not reset a statute of limitations. Offers of settlement cannot be used as evidence for public policy reasons because the courts want to encourage parties to settle their disputes out of court.
    0 Votes

  • 35x35
    Feb, 2010
    Josh
    I'm in Oregon and I am being sued by a collection company for an old cell phone bill where the SOL expired in 2008. Rather than pay a ton of money for the arbitrator, filing fees, etc, I was thinking of countering their settlement offer. Since the suit has already been filed, would that offer restart the SOL, or is this considered information that cannot be admitted as evidence in court (since generally, attempts to settle a suit cannot be used in court)?
    0 Votes

  • 35x35
    Jan, 2010
    Bill
    Depends on the creditor's explanation for the discrepancy. If the creditor changed computer systems and all customer account numbers changed on a certain date (or some other plausible and bureaucratic explanation) then the court may accept as fact that the debt listed in the account is yours. However, there is zero harm in your raising this discrepancy as an argument against the creditor's introduction of hearsay evidence. Please return here and let us know if your argument was successful.
    0 Votes

  • 35x35
    Jan, 2010
    amber
    I live in Mi and am being sued for cc i stopped paying on. While going through the court papers and my old bills i realized that the account numbers do not match. Now i do understand that debt collectors have their own account numbers or reference numbers but the original account numbers are different. Both have the first 4 same numbers but the rest are different. Will this help me in court?
    0 Votes

  • 35x35
    Jan, 2010
    Bill
    The answer to your question is completely dependent on your state's civil procedure laws. You did not mention your state of residence, so I cannot even venture a guess if the service of process was defective. Consult with an attorney in your state who has experience in contracts law. He or she will be able to answer your question with authority.
    0 Votes

  • 35x35
    Jan, 2010
    Angelique
    Today the new lessors of my old home brought me an envelope which was unopened and said a man came and dropped off on the door step today 1/5/10. I opened it and I am being suied the document date thou is 11/17/09 and it says I have 30 days to respond? Does that mean they didnt follow they law and i can ask for a dissmissal? or what can I do?
    0 Votes

  • 35x35
    Dec, 2009
    Bill
    In what state do you reside? See State Consumer Protection Laws and Exemptions to learn more about your state's SOL.
    0 Votes

  • 35x35
    Dec, 2009
    Jade
    I am in the middle of discovery for a credit card lawsuit. The account was charged off in 2003. Brought by a third party junk collector in 2005 and they say I made a payment in 2004. I am arguing that I did not make a payment and statue of limitataions is up. The judege laughed at me when I said this to her and said that I have to pay this debt back. I cannot afford a lawyer. Please help if you can.
    0 Votes

  • 35x35
    Nov, 2009
    Bill
    I will assume you are a Georgia resident based on your e-mail address. As I understand Georgia law, a creditor has four years statute of limitations from time of last account activity to file a lawsuit for breech of contract relating to non-payment of a credit card debt. If the case is dismissed, that does not restart the clock on the statute of limitations. However, I hasten to add that I am not an attorney licensed to practice law in Georgia, and I urge you to take your question to a Georgia attorney who can answer your question with authority. If you are a resident in another state, different statutes of limitation may apply and you should consult with an attorney in your home state.
    0 Votes

  • 35x35
    Nov, 2009
    Ashlee
    A court case was brought against me for a credit card dispute was dismissed withot prejudice back in July. I realize that this gives the plaintiff the opportunity to bring this case against me at a later date but is there a certain amount of time that they have to bring the case up or can they bring it up at anytime?
    0 Votes

  • 35x35
    Nov, 2009
    Bill
    Illness or disability is not a legal defense. Contact your county bar association and learn the name and telephone number for the local organization that provides legal services for low- and no-income residents in your area. Make an appointment with that organization, and bring all of the letters, agreements, and other documents you have regarding your debts to that meeting. A paralegal or attorney will review those documents and give you advice on how to resolve the debt. In that meeting, ask if you are "judgment proof."
    0 Votes

  • 35x35
    Nov, 2009
    moses
    I am being sued by capital one. I have owed debt for approx. 2 & 1/2 years. Became severly ill and now disabled. Have no money to repay debt to creditors. Is being disabled a defense and can I use this as a defense to have case dismissed with prejudice? I have no money to obtain an attorney. I have received a motion and case is set for pre-trial.
    0 Votes

  • 35x35
    Nov, 2009
    Bill
    Contact either if your goal is to offer the creditor a settlement agreement. It is in your long-term best interest to resolve the debt as quickly as possible. If you can scrape together a lump-sum (say 10% to 20% of the existing balance), make that offer to the law firm and see what they say.
    0 Votes

  • 35x35
    Nov, 2009
    Lisa
    I received a letter from a law office stating they saw my name as being sued by a creditor who I was unable to keep up with payments because of loss of income. I looked it up online to see if whether or not there was a suit against me and there was. However I wasn't summoned but I guess there's no valid address. Should I contact the attorney listed on the suit or the clerk of circuit court
    0 Votes

  • 35x35
    Mar, 2010
    Bill
    I think you answered your own question. What is the name of the organization threatening to file suit against you for the non-existent debt?
    0 Votes

  • 35x35
    Oct, 2009
    Bill
    Yes, they would love to settle this out of court. Lawsuits take time and money to file. Generally speaking, settling a dispute before litigation takes place is the best possible outcome for the creditor and for you.
    0 Votes

  • 35x35
    Oct, 2009
    ray
    I received a "suit on account for a cc debt that i have not paid. Will this attorney office take a settlement on this account.
    0 Votes

  • 35x35
    Oct, 2009
    Bill
    I do not know what you mean when you write, "...for an old credit card I had insurance on..." Does that mean that you had some sort of insurance on the credit card that paid the balance if you lost your income? Please clarify what you meant here. Also, I do not understand why you sent the collection agent proof of termination from your job. Regarding the garnishment, please see the Bills.com page Collection Laws and Statute of Limitations to understand the basic rule about wage garnishment in your state. For more information on wage garnishment, see the Dept. of Labor Web page Employment Law Guide: Wage Garnishment.
    0 Votes

  • 35x35
    Oct, 2009
    Kelly
    I just received a call from a legal department handeling a lawsuit against me for an old credit card that I had insurance on and faxed over proof of termination from another job, they stated that there is a summons that they are trying to serve, I tried to work out a payment plan and they will not work with me they want either the payment in full or 25% down and too much a month if I dont do it they said they would garnish my wages at 25% I dont know what to do!!! Someone please help?????? Thanks
    0 Votes

  • 35x35
    Sep, 2009
    Bill
    Brent: The passing of the SOL does not mean that a creditor cannot sue you. It means if a lawsuit is filed you should have an absolute defense against the lawsuit if you raise the defense in a timely manner. If you raise the defense, the judge will likely dismiss the case with prejudice, meaning the creditor cannot return to court to sue you again for that debt. This does not prevent a creditor from contacting you to collect on the debt. The debt is not erased. If the court dismisses the case on a SOL defense, the creditor can continue to pester you to collect the debt, but cannot sue you or threaten to sue you.
    0 Votes

  • 35x35
    Sep, 2009
    Brent
    this is a continuance of my previous comment. also I just received a letter from a different attorneys office asking me to settle for 55% off. But it seems like it's just another collector trying to get my money. How can I have an open Civil case against me with no activity but be receiving collection notices still from different companies. What can I do to get rid of this???
    0 Votes

  • 35x35
    Sep, 2009
    Brent
    I received a summons 02/29/2008 in the State of Florida of which I responded with an answer letter siteing several affirmative defenses one of which was the SOL being reached or exceeded. The original debt was from 2002 and it was in PA. I never received anything after that but i noticed on the public records that the attorney filed a request for admissions on 06/02/2008. I havn't received anything else or have I been contacted since the original summons. Can I now successfully dismiss the case based on inactivity on the case and also the SOL?
    0 Votes

  • 35x35
    Aug, 2009
    Bill
    You need to be careful. As they have already filed a suit in court, the SOL expiring might not impact the validity of the suit. Strongly suggest that you get a consultation with a qualified attorney and be prepared.
    0 Votes

  • 35x35
    Jul, 2009
    Bill
    You should certainly contact Allegro Law and let them know about the suit. It is unfortunate that Capital One is suing you if you are indeed making a good faith effort to resolve the debts. Your options are to settle the debt, enter into a payment plan with them, or let them get a judgment, since you are possibly judgment proof. Good luck and be sure to pressure Allegro Law to resolve this for you asap. They'll most likely know what to do. Bill
    0 Votes

  • 35x35
    Jul, 2009
    Shirley
    I received a summons yesterday stating that I was being sued by Capital One for $6900.00 in Credit Card debt. I was diagnosed with cancer and because of medical bills was only able to make minimum monthly payments on my credit cards. All the money was going towards interest with very little going toward the actual principal. With no end in sight I contacted a debt reduction law firm (Allegro Law) and now make monthly payments to them for 36 months after paying an initial fee. They then negotiate with my creditors for settlement after sufficient funds have accumulated in escrow. A letter of representation was sent to each creditor, so why am I beig sued? And why are they not dealing with Allegro Law? Capital One keeps calling me even after I tell them that I have hired an attorney to assist me in paying off my debts and give them the contact information. I was advised not to talk to any creditors or collectors and now it looks like I might be paying Allegro Law and Capital One...making a bad situation worse. I am 64 years old and my husband is 67. We both are in bad health and was just trying to see a little light at the end of the tunnel. Allegro Law monthly payments for 3 years are about half of what the monthly payments were for the credit cards and we were just barely getting by payday to payday on fixed income. Credit Cards because of the interest would of never been paid off unless I live to be a 109 years old. What obligation by Law does Allegro Law have? I live in Washington State and the summons is in the Superior Court of the State of Washington in and for the County of Grant. Thank you for any insight you might be able to provide on this matter. I have 20 days to respond and do not know what to do.
    0 Votes

  • 35x35
    Jul, 2009
    Bill
    Most counties have a legal aid agency designed to help people who can't afford an attorney. Check online or the yellow pages to find that organization in your area. If you don't find one, call your county bar association and ask how your county provides legal assistance to low-income residents. If you can't find an attorney, or don't want to work with one, you have the right to represent yourself. If you go this route, contact the attorney for the plaintiff (which will be listed on the summons you received from the court) and explain your situation. Ask him or her to send you copies of whatever relevant documentation they have. Appear in court on the date, time, and place specified. Explain your situation to the judge. It is highly unlikely the judge will garnish your wages if you are working for minimum wage.
    0 Votes

  • 35x35
    Jul, 2009
    ThomasNorman
    I recived a notce in the mail about a civil suit was filed aganist me.I not sure who it is because i owe alot of creditors. My wife have been out of work sence the begainning of 2008. I wasOut of work 3 month this years 2009. I was making 15.02 an hour now i make 7.90an hour that is all the income we have I can't afford to pay anything. My family and I is about to be homeless. What do I do?
    0 Votes

  • 35x35
    Jul, 2009
    Bill
    If you can afford to pay it off, you should probably try to pay it off in full. If you cannot, but have some funds for a settlement - then you can call the collection law firm and negotiate a lump sum settlement before the court date. If you cannot afford a settlement, you can ask them about settting you up on a payment plan, frequently called a stipulated judgment. If you cannot afford anything, you should talk to a local attorney about either being judgment proof or about bankruptcy options. I'd suggest first trying to work out a payment arrangement or settlement with the collection lawyer first though. Good luck. Bill
    0 Votes

  • 35x35
    Jul, 2009
    Beth
    I just received a letter from a law firm in the city where I live. The letter stated that they found a lawsuit filed against me for a credit card that has been charged off (per my credit report). I am $963 past due and the balance is $3239. I checked my county's public records on line and I am supposed to appear in court in late August. What is the best route to take?
    0 Votes

  • 35x35
    Aug, 2009
    P
    i live in kentucky and i recently had a suit filed against me about a year ago. i did know anything about the suit until recently that the law firm had sent me a letter advising me that they have made a motion to the court to have the case remain on the docket for they was not able to prepare for pretrail since they wasnt able to service me. i recently moved back from indiana into kentucky with my new resident status. sol is running out in december what suggestion could you give me? keep in mind my job took me out of state and was not tolling the sol. i just had received so many creditor letters i just gave up reading all them and i assume that the letter advising me of a possible suit being filed against me went unoticed. i have not at this point had a judgment against me for not answering a summons to appear. i also am not not being arrogant for me not anserwing them, its just i didnt relize what was going on. thanks for the suggestion.
    0 Votes

  • 35x35
    Jun, 2009
    Bill
    Even if your vehicle gets stolen, you are still responsible for your payments to the finance company as it is your responsibility to claim insurance. The only thing that you need to check is whether the statute of limitations has expired on this debt. You can check for your state laws here: http://www.bills.com/collection-laws/. If the statute has expired then you are not liable to pay the debt. But keep in mind that this will not stop the collection company from continuing with the legal case, but once the judge gets to know that the statute of limitations has expired, he will dismiss the case. You also need to prove the date of your last payment on the account, since that will be the date that the statue will be calculated from
    0 Votes

  • 35x35
    Jun, 2009
    Information
    I purchased a vehicle back in late 1999 (yes 10 yrs ago) and paid on it for about 3years (roughly) the car was broken into and totaled and towed away by my apartment complex at the time and sold out from underneath me. Once that happened I stopped paying for the car since I felt that I was owed the difference of the sale verse what the towing company was owed. Fast forward 5 years later my parents get served with a summons for me at their house where I hadnt lived for 15yrs or more. After contacting my attorney the suit was dismissed for improper service and venue since it wasnt in the city where the vehicle was bought, or where I currently lived. 4-5 months later I get served with another summons at my house with a court date 6 months later (dec 31st). 2 days before the date I found out that it was Voluntary non suited. It was with the prejudice that allows them to refile (I forget)...I have been told by an attorney that it is highly unlikely that they will seek to refile it again. I since have moved out of state. Is there anything I need to do or worry about? This was a bottom feeding attorney's office that works for junk debt buyers. (my initial loan was charged off). They have listed it on my credit report as recently as 2007 making it appear that it is recent when in fact was from 1999. I probably stopped paying on it in 2003. Original state was Tennessee which I know has 6yr SOL. What do I do?
    0 Votes

  • 35x35
    Apr, 2009
    Will
    Having a collection lawsuit filed against you by a creditor does not prevent the debt from being discharged in bankruptcy. Even if the creditor had obtained a judgment, you would likely be able to include the account in your bankruptcy. The fact that a creditor has received a judgment does not prevent the bankruptcy court from discharging a debt. If you are considering filing for bankruptcy protection, I strongly encourage you to consult with an attorney in your area to determine what could of action is the best in your situation. I wish you the best of luck.
    0 Votes

  • 35x35
    Apr, 2009
    marvin
    state of texas. currently been notified of a civil case for cc debt - no summons served yet. what happens if i am able to work out a payment plan with creditor and start paying on it and nothing moves forward with the civil case. then some time in the future, I file bankruptcy before the payoff with this creditor is completed and they are listed as an account to discharge. does the account get entered into the plan even thought there was a civil case filed but never went to judgement? thanks
    0 Votes

  • 35x35
    Apr, 2009
    Darren
    If you have been served with court summons already then you have no choice but to appear in court. make sure you have all the documentation to prove your financial hardship. Be straight forward and tell them how it is. The court will then decide how to proceed.
    0 Votes

  • 35x35
    Apr, 2009
    Jo
    I live in NE and 1 year ago I had major water damage to furnace which required me to replace it at my own cost (not covered) by insurance. I paid the HVAC company 1/2 the total price and then he said I could make payments on the second 1/2. I fell behind due to my son becoming disabled and his treatment and medications were consuming any of my excess to pay the debt. I spoke to the company billing clerk and explained but she turned it over for a civil suit despite my situation. I was just served, what is my best option? I am still in the same situation and have very little at this time to pay them.
    0 Votes

  • 35x35
    Mar, 2009
    Bill
    If ever a case is filed against you in court, you will get a written notice to appear in court from the court itself. If you do get the notice, you should make sure that you reply to it and go to the court to file your response. Ignoring it will result in a default judgment being passed against you for non-appearance. Once the Judge comes to know about your situation they will decide on how to proceed.
    0 Votes

  • 35x35
    Mar, 2009
    Kay
    I just received a voice mail stating that I should contact someone bc a civil lawsuit is being filed against me for an old cc that I haven't been able to pay off. I was making regular payments until I lost my job about a year ago. I have absolutely no income, no money in savings or anything... what will happen with this? I've never been in a situation like this for anything...
    0 Votes

  • 35x35
    Mar, 2009
    Bill
    You're pretty much set. if the Statute of Limitations has passed, the case should easily be dismissed.
    0 Votes

  • 35x35
    Mar, 2009
    carolann
    I have been served to appear in general sessions court on an old cc debt. The card co. canceled me on inactivity of the account, I believe the last activity on the account was in 2001. The co. also charged off. This is as reported on my credit report. I plan on requesting the court to dismiss with prejudice, sighting an affirmative defense, according to FDCPA, that the SOL has passed. My court date is this Thursday, in TN. Is there any thing else I can do or what else can I prepare?
    0 Votes

  • 35x35
    Feb, 2009
    Sam
    The collection agency can always re-file the lawsuit, the question is whether or not you will be able to successfully assert statute of limitations (SOL) as an affirmative defense and have the case dismissed. With the amount of time that has now passed since the last activity on the account (4 years and 4 mos.), I think that the statute of limitations has expired, so the judge would probably dismiss the case is you assert that defense. The collection agency’s filing of the lawsuit may have tolled the SOL for the two months that the case was pending, but it would not have restarted the clock on the SOL. With or without the lawsuit, I do not see how the collection agency could successfully argue that it is still within the statute of limitations at this point in time. I encourage you to consult with an attorney licensed in California to discuss this issue further and to verify that there are no other factors that would affect the running of the statute of limitations in this case. I wish you the best of luck!
    0 Votes

    • 35x35
      Jun, 2011
      Bill
      I am in a similar boat, but my question is why would the plaintiff file to have the case dismissed? I realize they couldn't serve the defendant, but why not just keep it pending? Thank you.
      0 Votes

    • 35x35
      Jun, 2011
      Bill
      Any number of reasons.
      • The plaintiff needs more time to develop their case.
      • The plaintiff has a scheduling conflict.
      • The court asked the plaintiff to dismiss the case.

      The common theme in these reasons is the plaintiff being unprepared. Courts do not want zombie cases clogging their dockets, and a case the plaintiff is unable to pursue is a waste of the court's time.

      0 Votes

  • 35x35
    Feb, 2009
    Edward
    I have an old cc debt from Citibank. The last activity on the card was in October 2004. We are now past the 4 years statute of limitions in California. I found out a collections agency filed a lawsuit in May 2008 but I was never served. The collection agency also petitioned the court to dismiss the case without prejudice two months later. The court granted the dismissal. Can the collection agency refile the case even though we are now past the 4 year statute of limitations in my state?
    0 Votes

  • 35x35
    Feb, 2009
    Bill
    You can do it yourself, just go see the court clerk, from whom you got the notice. Do not miss this at any cost. Most creditors hope that clients do not show up, and they end up getting a default judgment because of that. The court clerk will be able to tell you about the paperwork that you will need to fill out.
    0 Votes

  • 35x35
    Feb, 2009
    Pam
    I am being sued by Capital One for a debt that I settled with them in May 2005. I have been summoned to court in TN and the statute of limitations is 6 years here. I have all of the documentation from Capital One offering the settlement as well as the copy of the payment sent and a letter from Capital One stating the settlement was received as agreed and would be reported to the Credit Reporting Agencies as such. Can I appear in court on my own and show this documentation or do I need to take addtional action? After May
    0 Votes

  • 35x35
    Feb, 2009
    Bill
    First of all, do not panic. nothing can happen overnight. If they do go ahead with the case in court, then the court will send you a summons to appear in court. Now, do not ignore this summons at any cost, otherwise a default judgment maybe passed against you. Also, the state of Texas has a lot of protection against judgments, I suggest that you look up your state rules here: http://www.bills.com/collection-laws/. i would also suggest that you check when the last payment was made on the account. If it was in 2004, then you might be lucky as it will be past the Texas Statute of Limitations to pay the debt, which is 4 years, which if you bring to the court's notice, the case will be dismissed.
    0 Votes

  • 35x35
    Feb, 2009
    Teri
    I have just recieved a phone call that I am being sued over a bad debit 7000.00 from 2004. I am in the state of Texas and they stated that they where going to put a second lien on my vehicles. At this point I am unsure on what to do. I was also told if they do that then the lien holder will default the loan on them and come repo them and I really cant afford that .
    0 Votes

  • 35x35
    Jan, 2009
    Bill
    A credit card debt is a legal agreement, and if a consumer defaults on this loan then the issuer does have the right to pursue legal recourse (civil, but not criminal unless fraud was involved). They could potentially win a judgment and then apply that judgment with a lien, levy or garnsishment. I hope that helps you Deise.
    0 Votes

  • 35x35
    Jan, 2009
    Deise
    I thought that since a person received a CC, it was on personal liability, so how can a law firm get a civil cases on this issue. If a person defaults on a car loan they will come and get the card. there is no physical material on a credit card.
    0 Votes

  • 35x35
    Jan, 2009
    Bill
    A dismissal with prejudice is a judgment rendered in a lawsuit on its merits that prevents the plaintiff from bringing the same lawsuit against the same defendant in the future. It is a harsh remedy that has the effect of canceling the action so that it can never again be commenced. No other firm will be able to file a lawsuit with respect to that debt. If the collection agency continues to harass you, you should report them to the FCC.
    2 Votes

  • 35x35
    Jan, 2009
    Mark
    A case brought against me for a credit card dispute was dismissed with prejudice. The law firm tried contacting me later that day to "work out something" which I had to repeat the ruling of the court several times. After a few weeks, I was just contacted by a bottom feeder collection agency that apparently just bought the paper. Does the dismissal with prejudice mean that this debt is no longer valid and another firm cannot bring a valid suit against me?
    0 Votes

  • 35x35
    Dec, 2008
    Simone
    I was just served with a summons saying that i was going to be sued by an old cc account that I had.I do not see a court date on the document just something that says that if I didn't respond in twenty days the court may decide against me. In reading your other comments, How would I find the statue of limitations in my state for outstanding cc balances? How do I respond to this summons? I need alot of help fast. I do not know where to being.
    0 Votes

  • 35x35
    Dec, 2008
    Bill
    Check out: http://www.bills.com/collection-laws/. Look up your state's statute of limitations. You should either speak to an attorney or call the creditor and see if you can work out a payment plan or alternative repayment scheme (frequently called a stipulated judgment) without going to court. Sorry about your situation, especially around the holidays.
    0 Votes

  • 35x35
    Nov, 2008
    kimberly
    I was just served with a summons to appear in court on the 15th of December for a credit card with Capitol One. As I was reading in one if the above postings should I contact the attorney listed on the paper work to make reasonalbe payment arrangments to pay off the debt over the next 2 years?
    0 Votes

  • 35x35
    Dec, 2008
    Bill
    yes, if you can afford the payments then doing a "stipulated judgment" payment plan will make a lot of sense and save you some time and stress. Good luck.
    0 Votes

  • 35x35
    Nov, 2008
    Sam
    There are two types of dismissal--"with prejudice" and "without prejudice." If the previous case was dismissed "without prejudice," the creditor has the right to refile its case at a later date. By dismissing the previous case without prejudice, the court gave the creditor the option to refile its case once it was ready to do so. If the case was dismissed "with prejudice," then the court dismissed the case and also barred the creditor from refiling its case. From your question, it sounds like the case was dismissed with prejudice, and the creditor had six months to appeal the case. Since the credit union did not file an appeal or challenge to the previous ruling within the allotted time, it would be barred from bringing another case against your husband for the same cause of action. Someone whose case has been dismissed with prejudice can always file a new lawsuit, but the court will almost certainly dismiss it again, make the Plaintiff (the creditor in this case) pay your attorney's fees, and possibily even fine the creditor for its violation of the previous court order. Becauase I am not licensed to practice law in your state, and since I do not have the pertinent documentation in front of me, I cannot tell you what steps you need to take to respond to this new lawsuit. I strongly encourage you to consult with an experienced attorney in your area to discuss the situation and figure out how to best proceed. Good luck!
    0 Votes

  • 35x35
    Nov, 2008
    Sheree
    My husband is being sued by a credit union and last November 2007 the judge dismissed the case in our favor.They had 6 months to respond and did nothing until a year later they filed another suit against him. How can they keep doing this even after a judgement of dimissal has been ruled? And the time limit has passed?
    0 Votes

  • 35x35
    Nov, 2008
    Bill
    You HAVE to respond to this summons, if you don't, a default judgment will be passed against you and you will not be able to do anything to stop the collector from garnishing your wages or you bank account (whatever the remedies are as per the state law). It is not necessary that you hire a lawyer to do it, best thing to do is to visit the courthouse stated in the letter itself and they will advise you on how to respond.
    0 Votes

  • 35x35
    Nov, 2008
    Jose
    Question: I just received a summons to appear in court in the state of VA from a personal loan that I have fallen behind on. I am currently facing a serious financial situation and don't know how to handle this law suit that has been filed against me. What can I do or how should I proceed? I don't even have any money to hire an attorney.
    0 Votes

  • 35x35
    Oct, 2008
    Bill
    You need to respond to the suit immediately. Once the court finds out that the statute has expired, they will dismiss the case, but if you don't present the facts to the court and not appear, they might pass a default judgment against you.
    0 Votes

  • 35x35
    Oct, 2008
    Jae
    I looked online and see that I am being sued for an old credit card debt in VA. The statute of limitaiton has passed because it has been over 4 years since the last activity on this card. I have not received a summons to go to court because I moved from my old address. How do I handle this situation. I'm already paying other debts, have other judgement against me and don't want this group to get another judgement for a debt which the limitation has ended on. I do want to pay all my debts but a garnishment will difinitely be a disaster. Please help. Thanks.
    0 Votes