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 Message Boards » » I've been summoned into court over a credit card! Page [1] 2 3 4, Next  
Spontaneous
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Advice?

I have no assets and no job, hence my inability to pay it off. I can bring them a box of my clothes, lol. The case is over a Discover card that had a $1500 limit, so I guess with attorney's fees and interest, they would want $3,000.

12/5/2008 1:08:23 AM

GrimReap3r
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2732 Posts
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dont drop the soap?

12/5/2008 1:09:12 AM

lafta
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why dont you just pay it off rather than have that on your record, like schedule a payment plan with them

12/5/2008 1:10:19 AM

IMStoned420
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That sucks. Don't know what else to say. Good luck with that.

12/5/2008 1:10:31 AM

Big Business
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was it you that made that thread about your friend getting into huge problems with some wow scam?

I'm Big Business and i approved this message.

12/5/2008 1:10:45 AM

Vix
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The McDonalds on Western is hiring?

12/5/2008 1:10:56 AM

GrimReap3r
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^^ohh yea I remember that now

[Edited on December 5, 2008 at 1:11 AM. Reason : asd]

12/5/2008 1:11:11 AM

wwwebsurfer
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This is not good

I assume you tried negotiating with them? On a $1500 charge and 20% interest you could pay it off in 36 months at $56/month. I've heard several people agree to go into a payment-only setup where they freeze the current amount. You can't use the card any more, but it doesn't collect as much interest - only like 8% instead of the 20-22%

I'm sure you'll get someone on here posting how you were an idiot, but $1500 (I hope this is your TOTAL credit card debt) is not bad at all and finding work lately has been tough to say the least. I've been looking myself. Seems like if you've got a clean record you could make enough at wally world or some where to pay off the $56/month, though. I mean, it's fall - buy a rake and head over to those ritzy places in N. Raleigh.

12/5/2008 1:15:40 AM

ke2urhoe48
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Sounds like you are, what they like to call: Judgment proof.

12/5/2008 2:40:49 AM

FykalJpn
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your credit card debt will turn into a judgment debt; not really that big of a deal, you can't squeeze blood from a turnip

12/5/2008 2:42:43 AM

RSXTypeS
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Via summoning stone?

12/5/2008 2:44:22 AM

IMStoned420
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I feel like such a nerd for knowing what you're talking about...

12/5/2008 2:45:08 AM

RSXTypeS
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12/5/2008 2:45:43 AM

FykalJpn
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http://www.legalaidnc.org/public/learn/publications/small_claims_court/default.aspx

12/5/2008 2:51:06 AM

wwwebsurfer
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^bugs me how even stuff in small claims court requires a lawyer. If I want to file a counterclaim for less that $2000 or so, why do I need a lawyer? The judge should hear both sides of the case and make a judgment. It's not like $2000 is going to forever change the course of my life

12/5/2008 2:57:02 AM

FykalJpn
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you don't really need a lawyer per se, but if the other person has a lawyer, you'll be at a severe disadvantage--especially if you're trying to contest it. if you plan to file a counterclaim, there's probably procedural stuff that needs to be done beforehand

12/5/2008 3:02:06 AM

evan
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why'd you let it get this bad?

credit card companies are almost always willing to work something out if you just call and ask

a lot of them will forgive a lot of the fees and just have you pay off the principal if your account is seriously seriously delinquent... most of them will even let you set up a payment plan...

is it the credit card company that's taking you to court? or a collection agency?

if the latter, good luck *gulp*

12/5/2008 4:52:04 AM

Wolfmarsh
What?
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Just want to make sure you are aware of the time limit on suing you for this money.

Dont know how long ago you racked up this debt or paid them last, but its something to look into.

A friend of mine got sued for like $12,000 in credit card debt, but the case was thrown out because it was past the 3 year time limit in NC.

12/5/2008 8:22:43 AM

cddweller
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It's under 3 years.

12/5/2008 8:24:27 AM

icanread2
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sux2bu

12/5/2008 8:39:32 AM

DaBird
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how about get a job and take care of your responsibilities?

12/5/2008 8:40:47 AM

jethromoore
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12/5/2008 8:43:39 AM

ScHpEnXeL
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^^

12/5/2008 8:44:24 AM

theDuke866
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1.

Quote :
"why'd you let it get this bad?
"



2. Get a fucking job. It may not be what you want, and it may not be what you feel you are worth, but get a fucking job. Worry about getting a better one later.


3. Education is expensive, no matter how you get it.

12/5/2008 8:47:11 AM

jbrick83
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If you gotta work as a bagboy for a couple months to pay that shit off...do it. I don't know what your attitude is towards it, but your original post makes it seem like you're not as serious about it as you should be. I see this shit all the time...from people who have much bigger debts and are working their asses off to get it paid off. You don't do anything about it now, and it's only going to get worse.

12/5/2008 8:49:08 AM

khcadwal
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Quote :
"^bugs me how even stuff in small claims court requires a lawyer. If I want to file a counterclaim for less that $2000 or so, why do I need a lawyer? The judge should hear both sides of the case and make a judgment. It's not like $2000 is going to forever change the course of my life
"


you don't need a lawyer. a lot of people come to small claims court without a lawyer. but yea if the other side has one you may be at a disadvantage. and legal aid is free if they take your case, so why not?

12/5/2008 8:49:22 AM

theDuke866
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What lawyer is going to take a case for a guy who has no job and is being sued for $1500? If he can't pay that, he can't pay the lawyer. If he had a job, maybe some lawyer would do it, but if he had a job, he wouldn't need the lawyer to start with.

12/5/2008 8:51:43 AM

pilgrimshoes
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looks like you better call P'Ta Mon

12/5/2008 8:54:27 AM

djeternal
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is it Wolpoff and Abramson?

12/5/2008 8:54:37 AM

jbrick83
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Quote :
"If he had a job, maybe some lawyer would do it, but if he had a job, he wouldn't need the lawyer to start with.
"


He could always beg a generous family member for $500-$750 to pay a lawyer to come to court with him (and of course pay the family member back at some point). It might seem like a lot to pay for only a $1,500 debt, but the lawyers for the other side could end up getting the small claim courts limit if he doesn't get a sympathetic judge.

If I were him, I would try and contact the credit card company's lawyers and ask them exactly what they are going to ask for in court. If its a payment plan that I could handle if I got a minimum wage job or a little better, then I wouldn't worry about a lawyer. If it looked like it was going to be something ridiculous, I'd lawyer the fuck up.

12/5/2008 8:58:36 AM

Str8BacardiL
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They might settle for less than half if you try to make a deal with them.

The only problem with that is they are gonna want you to pay that right then.

12/5/2008 8:59:37 AM

jbrick83
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Quote :
"They might settle for less than half if you try to make a deal with them.

The only problem with that is they are gonna want you to pay that right then."


This probably is what the lawyer is best for. They'll almost never negotiate with a non-lawyer. You need to try and hit up some family members for some cash-money.

12/5/2008 9:01:19 AM

djeternal
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^^ not necessarily true. It just depends on the collections agency that is collecting the debt. Some are more willing to work with you than others. I got threatened court over a credit card. They reduced it down to about half and let me pay it in 2 installments. It fucks your credit pretty bad though because it shows you settled a debt for less than you owed.

And trust me, you don't need a lawyer for any of this. Just do some research online.

[Edited on December 5, 2008 at 9:02 AM. Reason : a]

12/5/2008 9:01:41 AM

gunzz
IS NÚMERO UNO
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Spontaneous my man i think its time to take a long look in the mirror homie
from threads like this to the stuff about your brother and other things you mentioned on here im starting to think you need some kind of intervention

12/5/2008 9:03:55 AM

cddweller
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So if he decided not to pay for a lawyer, the best bet would be to pay the debt in full via installments? It would be an affordable way to salvage the credit history and get the court off his back.

12/5/2008 9:04:10 AM

ScHpEnXeL
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from what i've read from him in the past IMO his credit is probably completely fucked anyways for a few years so i'm not sure if i'd pay it all if i were given the option not to and i were him.

12/5/2008 9:05:15 AM

cddweller
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He doesn't have good credit now, but if he were to not pay up, wouldn't it make it far worse?

12/5/2008 9:07:40 AM

ScHpEnXeL
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depends on a lot of things really.

obviously the best solution is just paying it all off though--and also obviously he should have done something about it before it got this far. the longer he waits the more they're going to want him to pay for fees, interest, whatever bullshit they can add on, lalala

[Edited on December 5, 2008 at 9:09 AM. Reason : k that sounded pretty contradictory to my last post.. i dont know enough to give a solid answer]

12/5/2008 9:08:52 AM

gunzz
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Quote :
"I have no assets and no job, hence my inability to pay it off."

i really really really really have a problem with this
why do you even have a credit card then? and dont give me this "so i can live and eat" talk.
get a job or 4

back when i was in a roungh time i worked 2 - 3 jobs at a time. i had not personal time but i had food in my belly and a roof over my head

12/5/2008 9:12:11 AM

ScHpEnXeL
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10 points to gunzz for not being a retard

12/5/2008 9:17:16 AM

khcadwal
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i would call the legal aid of NC intake unit and just SEE if they will take your case or if you can at least speak to a lawyer. i mean the intake unit will just spit you out to one of the offices that handles your type of situation.

they might not take it but they do stuff with loans and mortgages and car payments and stuff so they MIGHT do a credit card, because a credit card is kinda like a loan sort of. and they do a lot of bankruptcy stuff. so i don't know.

even if they don't take your case they might point you in the right direction.

and it is FREE. F R E E that spells free.

how do you pay your rent, etc or do your parents pay that?

12/5/2008 9:20:42 AM

cddweller
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He's no longer at state.

12/5/2008 9:24:55 AM

ambrosia1231
eeeeeeeeeevil
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Quote :
"why'd you let it get this bad?

credit card companies are almost always willing to work something out if you just call and ask

a lot of them will forgive a lot of the fees and just have you pay off the principal if your account is seriously seriously delinquent... most of them will even let you set up a payment plan...

is it the credit card company that's taking you to court? or a collection agency?
"


I mean, basically, you're fucked. You fucked up your credit, and now, hopefully, you're learning a lesson or two. If not, expect to see things like this happen until you learn how to earn some damn money.

I have absolutely no sympathy for you, since you don't have a fucking job.
Quote :
"He doesn't have good credit now, but if he were to not pay up, wouldn't it make it far worse?"

An account taken to court means that his credit's so fucked that not paying (which he seems to prefer) will hardly be noticeable.

khcadwal, please stop recommending legal aid.
1) leave the resources available for someone who would truly benefit from it
2) if this guy's a student, if he's gonna get legal help, he should be going to student legal services
3) if he's not a student, reap what you fucking sow.

I have no sympathy whatsoever for someone who just chooses to stick their head in the sand over something like this. Did you think someone else was gonna come behind and clean up after you?

Looks like your time to grow up and learn a lesson or two has come. Again.

12/5/2008 9:25:18 AM

khcadwal
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Quote :
"He's no longer at state.
"


i'm confused about what that has to do with anything


[Edited on December 5, 2008 at 9:26 AM. Reason : .]

12/5/2008 9:25:26 AM

cddweller
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Oh, I just skimmed the post and instantly thought it was referring to NCSU legal aid. My bad.

12/5/2008 9:28:42 AM

djeternal
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Quote :
"khcadwal, please stop recommending legal aid."


at least she is ACTUALLY currently studying law. That makes her more qualified to give advice than everyone else that has posted in this thread, including yourself ambrosia.

and furthermore, dude came to TWW Chit Chat to ask for legal advice, just keep that in mind.

[Edited on December 5, 2008 at 9:30 AM. Reason : a]

12/5/2008 9:29:50 AM

khcadwal
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the only reason i'm saying it is because that is probably his only hope (if he wants legal help i mean)

they probably won't take his case. they don't take all cases---not a requirement.



[Edited on December 5, 2008 at 9:32 AM. Reason : .]

12/5/2008 9:32:12 AM

Ragged
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quit posting and get a fucking job. thats the only advice you need idiot.

12/5/2008 9:37:34 AM

jbrick83
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Quote :
"So if he decided not to pay for a lawyer, the best bet would be to pay the debt in full via installments? It would be an affordable way to salvage the credit history and get the court off his back."


At this point, I wouldn't pay in full if I didn't have to. Give it a shot negotiating by yourself. If they aren't listening, try to find a lawyer to help you for cheap...if I was licensed in NC I'd try and help you out.

But sounds like your credit is fucked either way. Don't pay in full if it's barely going to help your credit.

I don't think I'm that responsible...but I don't see how people get in credit card debt.

12/5/2008 9:39:00 AM

djeternal
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Because they give you free sodas and free t-shirts on college campuses to sign up for credit cards.

12/5/2008 9:40:20 AM

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