Comments on: Credit card company is taking me to court? Should i myself get a lawyer or go to a debt relief lawyer?

By: Jennifer

Jennifer — Tue, 16 Dec 2008 16:34:35 +0000

Hi,
I used “Credit Solution” to settle my debt and improve my credit score.They managed to reduce my debt up to 58% .It’s legitimate.I came across this company on NBC News Special Edition.Check it out here:

By: Bill C

Bill C — Mon, 15 Dec 2008 22:50:47 +0000

Most likely, the collection agency is not an attorney/law firm so they can’t file suit. The creditor would have to hire an attorney to file suit.

The Fair Debt Collection Practices Act governs what collection agencies can and cannot due while attempting to collect a debt. From your description, it seems that they are coming very close to crossing the line.

I would suggest talking to an attorney who handles consumer credit issues. You can get a referral from your county bar association and you may be eligible for free legal help from your local legal aid office.

By: OC1999

OC1999 — Mon, 15 Dec 2008 13:21:29 +0000

First a collection agency will tell you just about anything to try and get you to pay, which is why ALL communications must be through certified mail. This way you have proof of what was said.

Since it is such a new debt going from $7300 to $12,000 in no more than 2 years seems like they might be trying to add in some additional(and possibly illegal fees). So the first thing to do is send them a debt validation letter, the link below gives a pretty good procedure on how to do that. Until they validate the debt and the amount they can’t do anything else.

If they do validate the debt they could decide to file a suit against you. If they do it depends on your state as to if your wages can be garnished. Some states do not allow it at all for CC debt, others allow up to the Federal maximum of 25%. However, if they can’t garnish your wages they may be able to attach any bank accounts you may have.

As to filing Bankruptcy, one factor in filing for bankruptcy is your ability to repay the debt. If it is determined you can pay at least a portion of the debt they may put you in a Chapter 13 instead of a Chapter 7 BK which is where the entire debt is discarged. But if this is your only debt BK is the absolute last option, as it will cost you anywhere from about 1500-3000 to file with a bankruptcy lawer.

If you do decide to work out an arrangement with the company be sure to get any agreement in writing BEFORE you send any money.

Also, depending on how your arrangement was with your BF. You could see if he would help pay or if not take him to Small Claims court. In court you may be able to get a judgment against him for at least a portion of the debt.

By: Darren H

Darren H — Sun, 14 Dec 2008 09:00:52 +0000

You need to contact them about some sort of payment program or arrangement. Unfortunately relationships go bad and people are irresponsible leaving others with the problem. I would do whatever I could to try to protect yourself. Odds are if you arrange some sort of agreement with them, they are not going to go to court. It costs more to go to court then accept payments. The reason they are attacking your character is they are trying to break your spirit and get you to give in to their demands.

Remember that the person on the other line is some bozo in a cubicle who’s main job is calling folks to get money. They dont know you, they know your acct is due. Odds are they will not be at that job in a year, turnaround with those companies is tremendous.

Here is what I would do, call them and offer them a payment plan. See if they are willing to work with you, if not look for free, low cost debt legal services. DO NOT use a debt consolidation plan. They do not work!!

By: Skeptic

Skeptic — Fri, 12 Dec 2008 00:57:31 +0000

You are being legally fleeced. The credit card companies have worse ethics than a slug and you do not have much legal recourse. Most likely, you are fully liable for the full amount, however, you can only go after your husband for his share of the liability.

Twenty years ago, we had ursury laws that prevented people from being charged excessive rates. (A bank tried to coerce my 20 year old daughter into getting a credit card even though she was unemployed! The rates were absurd.)

My suggestion to you is to work for the Green party and Ralph Nader in the next presidential election. He is the only candidate that will work toward fair consumer laws and enforcement. The other candidates are bought by election contributions (banks, insurance companies, and drug companies).

America is being fleeced and there ought to be better protections for consumers.

By: Amanda

Amanda — Tue, 09 Dec 2008 13:38:36 +0000

First of all until they send you a letter stating that they are taking you to court they are probably just scaring you into paying it. A collection company will tell you ANYTHING to get you to pay it. That is a large amount to charge off and it is possible that they will sue you. I would def speak to an attorney to give you the best advice on what to do about the debt and he may just tell you to final a bankruptcy if you are not going to ever pay it back. Most lawyers will do a free visit to help you decide what to do. At 20 years old I personally would not suggest to file for bankruptcy as a way to just not have to pay it. I mean you charged it so you should have to pay it. If you boyfriend was not on the account he is not responsible for helping you pay it. This is a hard lesson that young America is facing b/c of how irresponsible with their finances they are. If you cannot pay for it, don’t buy it. Ultimately this will mess up your credit and it will live with you for a long time (depending on your state).