| Author |
Message |
|
Options 
Bookmark online
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
|
|
|
|
|
Fri Oct 31, 2008 12:15 am
|
|
|
| They should not be able to but if for some reason they did you need to contact the court house where this happened and inform them of the fact you did not recieve notification of the court date. I myself worry about this fact a since I moved a year ago and I had one just over the SOL. I checked my report and it wasn't there so I am hoping it is gone. |
|
|
Mary
Joined: 06 Jul 2006
Mary's page
Posts: 686
17396 Magic Points
|
|
|
|
|
Fri Oct 31, 2008 11:50 am
|
|
|
A default judgment can be brought against a debtor only if a summon has been send to him by the court and he has not filed a response to the summon within 30 days of receipt. However, if you have filed a response and have not been provided with a court date, no judgment can be brought against you by the credit card company in your absence, because you will be given a chance to defend yourself before a judgment is passed.
_________________
Where there's a will, there's a way !! |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
|
|
|
|
|
Sat Nov 01, 2008 1:50 am
|
|
|
| What happens Mary if perhaps they sent the summons to the wrong address and the poster no longer lives there? I have heard of summons just ebing left on a persons door. Shouldn't they have to sign for this or even go to the courthouse (if they weren't home) and pick up the summons? This would be a way to show they recieved it. I am not exactly sure how a summons works but it sounds like this should in fact be the proper way to handle one. |
|
|
goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
|
|
|
|
|
Sat Nov 01, 2008 2:48 am
|
|
|
Well fireyone in an ideal situation that is the way it happens, sometimes people avoid them so they have to have some way of delivering it. I think they should have to at the least post it with the court, there are many ways to locate people. In my case I went after it, I did not want them to show up at my place of employment.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
|
|
|
|
|
Sun Nov 02, 2008 2:45 am
|
|
|
| I can inderstand that one but to just leave it woth someone else. Thats not really fair because this person may have little or no contact with the person they are trying to deliver the summons to whether they are related or not...How do you know it is not a vindictive family who would just sit on it? Too many times people have probaly gotten judgements from not being there when they went to deliver or maybe moving and unaware they were being sued,. |
|
|
slimgdy
Guest
|
|
Subject: credit car judgement in NJ
|
|
|
Sat Mar 28, 2009 2:29 pm
|
|
|
| I got a court of that a judgement was entered against you from a credit card company they have a list of steps that can be taken to collect even take your car wages personal property nportion of wages can they really go this far |
|
|
Mary
Joined: 06 Jul 2006
Mary's page
Posts: 686
17396 Magic Points
|
|
|
|
|
Mon Mar 30, 2009 10:14 am
|
|
|
As far as I know, the creditor can only bring money judgment against you to recover credit card debt. They can either garnish your bank account or your wage or they can even put a lien on your property.
If they garnish your wage, not more than 25% of your wage can be garnished. But if they garnish your bank account, they can take away the entire amount that gets deposited in your account and this process of bank account garnishment will continue so long as the judgment amount is paid in full.
_________________
Where there's a will, there's a way !! |
|
|
dkrundel
Guest
|
|
Subject: Judgement
|
|
|
Sun Sep 06, 2009 4:32 pm
|
|
|
| a credit card co. is taking me to court to get a judgement. I acknowledge the debt but I'm receiving Social Security Disability and my only income. The house I live in is owned by my Son via quit claim deed 2 years ago. I have no other income or assests. What excactly is the court going to do? Do I need a lawyer? Can the credit card co. attach anything? |
|
|
goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3927
10 Magic Points
|
|
|
|
|
Sun Sep 06, 2009 7:54 pm
|
|
|
| Seems as if you acknowledge the bills are yours and that you can not afford them right now, You should try and contact these companies and try to set up a payment arrangement that fits your budget then you will not have to deal with this crap. |
|
|
fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
|
|
|
|
|
Tue Sep 08, 2009 12:41 pm
|
|
|
dkrundel ,
Since you are on social security I believe that those wages can not be attach in anyway for debt. You may have t rpove that this is your source of income. The credit card company may get the judgement against you but until you would have another source of income they would not be able to collect on the debt. If you want to see more information on this I would type social security and debt collection in your search engine. There should be a page that explains this in detail. |
|
|
guest
Guest
|
|
|
|
|
Sun Sep 20, 2009 5:52 pm
|
|
|
| If I have a judgement against me in NC and I don't have a job and I'm a stay at home mom and do not own a house but me and my husband have a joint checking can they garnish my bank account even though the money being put in it isn't mine. Also my parents are getting a loan to buy me and my husband a house and are going to put me on the deed to the house. Can a lien be placed on the house even though the loan for the house is in my parents names? Any help would be appreciated. |
|
|
Michelleleo
Guest
|
|
Subject: FLorida
|
|
|
Tue Sep 29, 2009 11:51 pm
|
|
|
| I just let my credit card go under because I was not getting ANYWHERE with payments the interest was 28%. The creditor just called and mentioned they could not stop calling and that the calls would persist even more if they decided on a judgement. What does this mean? I live in florida. thank you. |
|
|
carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29555 Magic Points
|
|
|
|
|
Wed Sep 30, 2009 5:33 am
|
|
|
Hi Michelleleo,
Is there any way that you can get into a payment settlement with your creditor? Creditors can really harass you for money you owe them. However, you also have a legal recourse as per the guidelines of the Fair Debt Collection Practices Act. You cam legally ask them to stop calling you. But that doesn't make you not owe the debt. You still owe it. If I was in this situation I would try and negotiate a settlement with the credit company.
A judgment is something you must avoid. They don't even need to call you if they win a judgment against you. They can simply take away your money from the bank or your salary account - whichever is convenient. Speak with your creditor. But before you do that, do an assessment on your finances and see how much you owe and how much you can settle for. It is better to be prepared than fumble with your creditor while striking a deal.
_________________
Keep in touch
Carol |
|
|
hbob54
Guest
|
|
Subject: creditcard debt
|
|
|
Wed Oct 14, 2009 10:41 pm
|
|
|
| what if someone could not pay creditors if they have a big debt,and can they take you to court for ajudgement in the state of texas. |
|
|
Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
|
|
|
|
|
Thu Oct 15, 2009 12:36 pm
|
|
|
Hi Hbob,
Yes, the creditor can take you to court and get a judgment against you. However, before any such things happen, why don't you talk to the creditor and make an effort to strike a deal with them so that you can pay a certain amount of the debt and not the entire sum. I think you can do this before they plan to take you to court.
_________________
All the Best 
Justin |
|
|
Previous 1, 2, 3, 4 Next 