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Collections Law/Being sued my credit card company
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Question
This week I was given a summons, informing me that I'm being sued by a credit card company from about 2 years ago. I aware I owed them some money, but I forgot when I went away for school. I haven't lived at home for about 2 years and I didn't receive my bill or calls. So the whole matter slipped my mind. The summons says I owe about $1000 for the bill and extra cost they added on.
I'm not sure what a written response requires or what I'm even suppose to say. Also would you advise me to call the credit card company or their lawyers and try to work out a deal before the court date. I don't have $1000, but I have alittle saved up. Offer them some and to make payments for a few months? I'm a full time student, so the money I do get goes straight to school. Also I looked for debt loans, but all of them have atleast a minimum of $10,000 or more. Any advise will be very helpful.
Well, the first thing you really need to do is to respond to that summons within the time allowed or they will get a default judgment against you. Then they will go after any money you have in bank accounts or any other assets they can find and legally take.
The response has to be in a proper format and it must be filed with the clerk of the court. You need to look over all the paperwork in the file to see what your response needs to be and what defects might be present in their filing.
Then you need to learn to spot any and all violations of law they might have committed so that you have causes of action to take them to federal court because that is the only way you can hope to get rid of them.
Bill Bauer
405-684-9297
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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