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Collections Law/subpoena for cc balance

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Expert: Michael Brotherton - 12/17/2007


Question
my wife was served a subpoena but was not home so I signed for it not knowing what it was.  Turns out she owes some credit card company 2400.00 plus 800.00 in legal fees.  She has a court date set but what can we do?  I signed for it not her does that matter?  I hear if you respond to these companies it reopens the account and they start over trying to collect.  We did a BK that filed in March 2005.  I am just looking for an answer as to what can she do, we do not have the 3200.00.  Thank you for your time.

Answer
It depends on when the debt was incurred. Was this debt included in the BK? Did she file as well. If so, they are in violation of federal law. If this is the case write the courts and advise them that it was included in a bk and provide them with evidence the debt was included. Ask that the case be dismissed. I really need more information to offer any other advice. And just because you talk to them doesn't start the process over. I can speak with you directly call me at 877 270 8204.

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Michael Brotherton

Expertise

Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience

Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.

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