Being Sued

You are in need of reputable legal advice. Have you tried legal aid in your area. If you don't have one, this is not a monster case, any law firm that has more than one attorney should be able to help you and be happy with monthly repayment schedules, maybe even free since you are on SSI.
 

I appreciate all you have all written. I think I am going to contact Legal Aid Society and see what they can do for me. I have to find their phone number but that shouldn't be hard.
 
Ruthanne said:
I appreciate all you have all written. I think I am going to contact Legal Aid Society and see what they can do for me. I have to find their phone number but that shouldn't be hard.
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Yes Ruthanne, good idea. Another, maybe better one, if you are over 55, is to see if there is a Senior Citizens' law center in your area. They offer much help for free or greatly reduced rates, and it's usually easier and faster to get in to see them than Legal Aid. And don't wait long to do this. If you actually have a suit filed against you, there are strict time limits within you must reply or you automatically lose the lawsuit. Take this very seriously and see what you have to do, and above all, DO WHAT YOU HAVE TO DO to be sure your rights and property are protected. I wish you'd talk to your brother about this.
 

If I where you I'd check with the Public Defenders Office, the Better Business Bureau, the ACLU and anyone else that will provide free debt counseling. If you get the wrong lawyer they will tell you to go to court, even if they know you will lose, just to stick you with their fees. Check around! Also check with your local court clerk to make sure they actually sent you a letter. As said before about the Zombie debt, most state have laws about how long a business has to collect on debts, you need to find this out to! In fact a lot of this you can find by searching the internet!
 
The Public Defender is not going to help with a civil matter, they do only criminal cases. The ACLU doesn't do debt counseling -- they only do civil rights stuff.

I also disagree with your assumption that lawyers are going to make you go to court to collect their fees -- how are they gonna collect their fees for a trial for a person who doesn't have the money to pay a debt?? Having worked for lawyers for 40+ years, I can attest that they do not work this way.

Ruthanne, is what you got a letter, or a summons, which is a formal court document that at the top says whoever vs. you, and has a court filing number? It should have also been accompanied by a Complaint, which is another court document that states formally that whoever says you owe money and haven't paid it, and is signed by an attorney.
 
I have contacted a regular lawyer in my area about filing bankruptcy. He said they can't take my SSI or my car and that is all I have. Seems I have nothing to worry about. I have no property. I live in an apartment.

Legal Aid isn't taking anyone new as of right now but I'm going to try them back next week.
 
Ruthanne said:
I have contacted a regular lawyer in my area about filing bankruptcy. He said they can't take my SSI or my car and that is all I have. Seems I have nothing to worry about. I have no property. I live in an apartment.

Legal Aid isn't taking anyone new as of right now but I'm going to try them back next week.
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Ruthanne, IMHO you should tell the court that, in writing.
 
The suit is so that the company that extended you credit can collect if you ever win a lottery or whatever, or collect from your estate after you die. In some states they would also be able to collect from (or before) your next of kin after you die. You might check into that, and make sure your kids don't get stuck with the debt. A bankruptcy would ensure that doesn't happen. But if there's no estate, and they can't get it from your kids (or whomever), then I advise you take the judgment and don't worry.
 
Ruth Anne, I am sorry to hear this, and it is an especially bad time. There are many reasons why folks overspend, sometimes just life issues send us off a bit when we maybe wouldn't do so normally so I could not condone chastising you. Walk a mile in her shoes comes to mind, You don't need that right now.

I had a friend some years ago who was deeply in debt because of a silly business venture. She declared personal bankruptcy but was given so me good advise from a friend. Anything that was valuable she protected. Eg she had some good jewelry so it was "given" to her daughter, then she didn't have to declare it. Ditto her car to her son. She waited as long as she could. By the time it came to court there was little for them to claim off her and it was over. This was the UkK and it may be different there.

Is there a volunteer law association where you are. I don't know your age so am careful saying a seniors helpline but there may be something for being on a disability. They may be able to assess where you stand.

Anyway I am so sorry that you find yourself in this spot and hope that it will resolve itself soon, meantime look after you. Take some of your advise, a debt doesn't define you are so go easy on yourself.

Lots of moral support here..XX Jeannine
 
Oh, Ruthanne! I'm so sorry you have found yourself in this situation! Just what you needed, huh?

One would think the credit company would have tried to work with you before suddenly going to litigation. They're creeps, obviously.

However, creeps or not, I strongly urge you to keep sending them something (even though you told the attorney you wouldn't). Whatever you were paying keep paying. Pay whatever you had in mind when you incurred the debt. That will show the court that you're acting in good faith, and may ultimately serve to help protect or salvage your credit rating.

Our credit ratings are important. Eventually it sounds like you'll need to buy another car. It's possible to buy a car with bad credit, certainly, but interest rates can get horrific and we don't need to spend our limited incomes on interest. Also, should you ever choose to move house a credit check is usually part of the package when applying for housing, and may impact the rent figure. Protect your credit!

You may like to research credit counselling agencies in your area and contact one. (Research them thoroughly first, though: some of them are creeps, too.) An agency will have more sway than you have by yourself when it comes to negotiating a workable payment plan, stopping the accruing interest, and protecting or restoring your good credit.

Good luck, Ruthanne! I'm sorry you're having this nightmare, but you can deal!
 
anodyne said:
The suit is so that the company that extended you credit can collect if you ever win a lottery or whatever, or collect from your estate after you die. In some states they would also be able to collect from (or before) your next of kin after you die. You might check into that, and make sure your kids don't get stuck with the debt. A bankruptcy would ensure that doesn't happen. But if there's no estate, and they can't get it from your kids (or whomever), then I advise you take the judgment and don't worry.
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A credit card company cannot collect from ANYONE but the debtor (unless there's a co-debtor, co-signer or guarantor). They cannot collect from your next of kin after you die; however, they COULD collect from your ESTATE (if you left one to your next-of-kin) after you die. If you didn't leave somebody money or assets at your death, they cannot collect. Nobody is responsible for our personal credit card debts but ourselves. For instance, say you die while XYZ Bank has a judgment against you. If you leave $100,000 to your son, the bank can make a claim against the $100,000 (your estate); but the bank cannot, repeat, cannot collect from your son personally simply because his mother died and left a credit card debt.
 
Jeannine said:
Ruth Anne, I am sorry to hear this, and it is an especially bad time. There are many reasons why folks overspend, sometimes just life issues send us off a bit when we maybe wouldn't do so normally so I could not condone chastising you. Walk a mile in her shoes comes to mind, You don't need that right now.

I had a friend some years ago who was deeply in debt because of a silly business venture. She declared personal bankruptcy but was given so me good advise from a friend. Anything that was valuable she protected. Eg she had some good jewelry so it was "given" to her daughter, then she didn't have to declare it. Ditto her car to her son. She waited as long as she could. By the time it came to court there was little for them to claim off her and it was over. This was the UkK and it may be different there.

Is there a volunteer law association where you are. I don't know your age so am careful saying a seniors helpline but there may be something for being on a disability. They may be able to assess where you stand.

Anyway I am so sorry that you find yourself in this spot and hope that it will resolve itself soon, meantime look after you. Take some of your advise, a debt doesn't define you are so go easy on yourself.

Lots of moral support here..XX Jeannine
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Thank you Jeannine for your thoughtful, kind post.

Thank you everyone for your thoughtful posts, too. I am still deciding what I am going to do.
 
Loosey said:
Oh, Ruthanne! I'm so sorry you have found yourself in this situation! Just what you needed, huh?

One would think the credit company would have tried to work with you before suddenly going to litigation. They're creeps, obviously.

However, creeps or not, I strongly urge you to keep sending them something (even though you told the attorney you wouldn't). Whatever you were paying keep paying. Pay whatever you had in mind when you incurred the debt. That will show the court that you're acting in good faith, and may ultimately serve to help protect or salvage your credit rating.

Our credit ratings are important. Eventually it sounds like you'll need to buy another car. It's possible to buy a car with bad credit, certainly, but interest rates can get horrific and we don't need to spend our limited incomes on interest. Also, should you ever choose to move house a credit check is usually part of the package when applying for housing, and may impact the rent figure. Protect your credit!

You may like to research credit counselling agencies in your area and contact one. (Research them thoroughly first, though: some of them are creeps, too.) An agency will have more sway than you have by yourself when it comes to negotiating a workable payment plan, stopping the accruing interest, and protecting or restoring your good credit.

Good luck, Ruthanne! I'm sorry you're having this nightmare, but you can deal!
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Loosey, are you a bankruptcy attorney? What business do you have telling her to keep paying? The moment you see your lawyer stop payment on everything. If the collecters contact you again inform them of your filing and your lawyers info. By law they will no longer contact you. Loosey, are you by chance a banker or in the collection business? If she follows your advice it will have the effect of exempting the debt she is paying on, thereby nullifying the entire exercise. When you declare bankruptcy it does not matter whether it is for ten dollars or a million.The financial community hates you and your credit is shot. It is not the end of the world and you can recover.
Do not follow advice from an unqualified internet expert, including myself. You have an attorney now, follow his advice to a "T" and things will eventually work out.

Robusta, Not an Attorney,but I did go through bankruptcy 30 years ago.
 
Robusta said:
Loosey, are you a bankruptcy attorney? What business do you have telling her to keep paying? The moment you see your lawyer stop payment on everything. If the collecters contact you again inform them of your filing and your lawyers info. By law they will no longer contact you. Loosey, are you by chance a banker or in the collection business? If she follows your advice it will have the effect of exempting the debt she is paying on, thereby nullifying the entire exercise. When you declare bankruptcy it does not matter whether it is for ten dollars or a million.The financial community hates you and your credit is shot. It is not the end of the world and you can recover.
Do not follow advice from an unqualified internet expert, including myself. You have an attorney now, follow his advice to a "T" and things will eventually work out.

Robusta, Not an Attorney,but I did go through bankruptcy 30 years ago.
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Actually I don't intend on paying anything as I am seriously considering filing Chapter 7 bankruptcy. I found an attorney who was straight up with me about everything. I am getting some money as Christmas gifts this year and may use it for this purpose. I just want the creditors off my back and want to be able to go back to work when I can without my wages garnished.
 

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