credit card debt court summon and being sued?

Question

my boyfriend (of 5 years, we do not live together) has recently had a court summon b/c of delinquent card payments. Shouldn't he at least attempt making some sort of payment on the card before his actual court date? Wouldn't this show he is trying to pay? He is so broke it's not even funny right now because he doesn't work many hours after being laid off of his other job.

Essentially, what smart steps does he need to take? He is clueless.

Answer 1

OK, 1st i am shocked that they are going after him not having an income, assets.

how old is the debt? if it is like 1-3 years it is more than likely the original credit card company going after him. this is a bit more tricky, what they do is get a local attorney "us ally in a bigger city" file lawsuits everyone that owes them money. If this is the case show up to court explain your situation to a judge, work out a payment plan.

IF it is over three years old it is more than likely a collector ownes the account NOW you should get a lawyer involved. these people buy that old debt for pennies on the dollar. What an attorney will do is to see if the SOL is expired, meaning the time frame they can file suit. they will also file a motion of discovery meaning that they will have to provide all documents proving the debt is yours. original contract signed, most of these junk debt buyer don't have that info. There thoughts are thinking that you are not going to show up to court, then they get a default judgment.

Answer 2

He should call the companies and arrange a repayment plan. These companies know how much it will cost them for all the court stuff. They will be glad to be able to recover some money. He can explain about the situation and see if he can make teeny tiny payments for 6 months and then begin paying the regular payments after that. If he files bankruptcy they'll get nothing so they'll want to avoid that. In the future when he goes to make a major purchase he can attach a letter of explanation about this tough financial period in his life and how he made arrangements to take care of his debts. Lenders can be forgiving if they see this as a temporary misfortune and not someone purposely abusing credit. Don't marry (if this is your plan) until his debts are paid off because as a married couple you will be responsible for his debts as well.

Answer 3

Smartest step he can take is to talk to a lawyer. Most lawyers will give a free 1st consultation.



The worst thing that can happen is that your dude goes to court and loses. Then the credit card company can have his wages garnished - meaning the court can order your guy's employer to set aside a certain amount of his pay each pay check.



Bankruptcy laws have been made less little people friendly, but he should still talk to a lawyer about whether or not that is a way out.

Answer 4

Hi, it is not illegal to be in debt, BUT it is illegal not to pay credit card debts for long periods of time.

That is very common that they're taking him to court. The best way he can get out of that would be to EITHER file for bankruptcy asap which would cost around $800 or a little more.

OR he has to explain the judge about the situation or even call the credit card companies and explain the situation.

The problem might be that the credit card companies called his phone # but he ignored them or even never answered them, if this is the case he has to explain to the judge that he has been unemployed, extenuous circumstances, and was afraid of calls from credit card companies, etc

Answer 5

Find out if the what the Statue of Limitations is in your state on collecting a debit. North Carolina, Pennsylvania, South Carolina and Texas — do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed.



It is not illegal not to pay your card(S).

Answer 6

yes attempting to make some payments may help but if he still owes money the judge will grant a judgement anyhow. what he needs to do is contact a bankruptsy lawyer and have a consultation done, it may be in his best interest to file ..this will keep judgements from happening as well as long as he has filed before the court date but other then paying off the balance in full thats all i can think of that would keep them from getting a judgement granted

Answer 7

typically I am against this... but maybe he needs to contact a "credit counsomer counseling agency"... just a thought. Especially if he has more bills then just this one. So under those circumstances I'd be for going to a CCCA.



Good luck

Answer 8

It's too late.



I strongly suggest you to suggest him to get a job (Any job) or the Judge could order him to join the Army to pay his debts.



This is not a joke. They really need more soldiers in Irak and criminals (Like your boyfriend) are ordered to go there.