Sued on a Debt--What to Do if the Debt Collectors are after you

[sjvietboy408]

Hi, I have a friend who is under welfare financial assistant and she has two daughters to support. She has recently received a letter/court form in the mail with the court's stamps on it. It stated that she has been sued by her bank/debt collector because she was unable to pay her debt of about $2500. She tells me that she really wanted to pay off the debt little by little monthly but is currently finanically broke and jobless. Her goal is to be allowed to pay off the debt monthly but how now?

[twin688]

Thank you so much for these videos! This information helped me win my case! I was sued by a debt buyer for an old credid card debt. I answered the petition, and got a trial date. I entered the court, the Balif says, "The attorneys are giving people a last chance to settle, so if you want, you can discuss your case with them". I talked to the attorney and told him I wanted the original credit card statments to prove how I owe this amount...they couldnt because they don't have em! Case dismissed!

[Fightdebt]

@twin688 Thanks for the good news, and good job. Now if you could just help spread the word about this site...

[gandhrav]

@twin688 thanks for your reply, I just got a letter from debt collector, I don't have job, no car and can't pay this $1450 from 2008. (It was $999) before, Orginal owner was bank of america, now its CACH LLC suing me as ebt collector, I hope your technique works in court.

[StSimonMartyr]

If sued, Elect Arbitration- JAMS and AAA.

It allows a Debtor to go on Offense, and charge creditor with $ Violations on FDCPA- FCRA, they break the law every time they collect a debt.

Debtor Boards advocates this, if U dont know your rights, you have none.

Get your case Out of Kangaroo Courts, elect Arbitration, it costs Creditors $3000-10000 to pursue it, most wont.

NAF- declared a Fraud and moratorium, Arb is now working!

Creditors have No note, Affadavit is bogus & $ Securitized

[Fightdebt]

@StSimonMartyr Court is more "transparent." I prefer it for consistency, rights of appeal, and the ability to conduct "discovery" into what the debt collectors have and have done, and also as a way to get the debt eliminated rather than just the case dismissed and the debt sold elsewhere. I also haven't heard about people getting good results from arbitrators. But I agree that anything requiring them to put down a lot of money is good because it increases their risk. You still have to fight it.

[vacationboyvideos]

i make 866 a month on ssd, i am buliding my credit and pay off my cards every month.If after many yrs i enough credit(5-10 grande on credit cards avilbale credit) and go on a shoppingspree/world vacation and max out all the cards...could i then someway get out of paying ALL that money back(let it go to a collection agencey and then file for backrupty?) i want to not have to pay back any of the money but maybe 10percent of all my spending when its all done!

[Fightdebt]

@vacationboyvideos If you believe in anything like karma, this might not be a good idea! But if you can maintain a plan for years, you could certainly find and work a plan to do whatever you want legitimately.

[IRONMAIDENFAN2006]

something about my comments seems wrong? theres nothing wrong with them.. i just wantd to get advice... i do have small debt 8 grand is all i owe i lost my job and coulndt pay there for they keep charging me and refused to work with me.. since then its been 1 year im still out of work.. they stoped calling me and everything went on my trw i checked all 3... all i wanted to know is that after 7 years the trw part goes away or clears out... after that i can apply for credit etc again? whenihavejo

[Fightdebt]

@IRONMAIDENFAN2006 That's cool. My concern was that you seemed to be figuring they would just leave you alone and the problem wouldn't actually get worse. It may or may not. You can, of course, apply for credit at any time, and you might get it even now. Your credit report should not include negative information for more than 7 years, but that is not to say that the company you owe money to would not be able to hold a grudge longer than that.

[IRONMAIDENFAN2006]

well my debts are only 8,000 or less so nothing they can take from me like my houes or car.. and its been 4 years no word..

i live in california.. from what i undstand and was told after 7 years your trw is wiped clean.. thats all i care about.. so that if i need somethin 10 years from now i can go get credit again.. see i was paying my bills on time i had a job.. then i lost it.. i explained to the companies they of course didnt care and keep billing me..

[Fightdebt]

@IRONMAIDENFAN2006 I would only say that (in general, and not necessarily in your case) one of the risks of accumulated debt is that the whole thing begins to seem somehow "unreal," and that somehow the iron law of cause and effect does not apply. It is real, and the law of cause and effect is still in operation. I won't repeat my previous comments on judgments, etc. You are right that negative info (by fed law) only lasts 7 years. But something about your comment feels wrong to me. Good luck.

[IRONMAIDENFAN2006]

i just have negative scores and debt.. theve stoped calling.. in say 10 years will i be free and clear?

[Fightdebt]

@IRONMAIDENFAN2006 again a tough question, but I would suggest a more active approach. Here's why. As I mentioned, debts have their own statutes of limitations. Suppose three years from now you get sued (or if you're being sued now...)--if they can get a judgment it would last in Missouri (example) for 10 years (and easily be renewed for 10 more). And all that time it's a lien on some of your property and a risk that they will seize assets or garnish wages. Don't let 'em if you can help it!

[IRONMAIDENFAN2006]

question... ater 7 years your trw is whiped and your debt goes away right?

[Fightdebt]

@IRONMAIDENFAN2006

Negative credit references in your credit report are only supposed to last 7 years, but debts have their own statutes of limitation. Often last much longer. And judgments almost always last a lot longer.

[scrm1]

Should one have a jury trial or take it before the Magistrate/Judge if given the option?

[Fightdebt]

@scrm1

Well, that depends. I normally prefer a jury for various reasons, but things can go a little more smoothly in front of a magistrate or judge. There's less concern that a technical mistake could mess things up.