What To Do When You Are Sued for Credit Card Debt

[@antoma6844]

The debt collector must provide the original agreement and relevant paperwork with your signature upon it. They won't have it in there pocession,end of story.

[@pharaohtheblackgod3425]

Anto Ma That's true. Without the original contract there is no case in court. File a motion to dismiss!

[@naderaboulhosn]

You have any experience with this? Could I private message or email you a question I have? Random I know haha.

[@carolinemccullough1895]

I replied to to the summons “ I disagree “. Went to court today and said “ prove it”. The lawyer from Midland had nothing. The lawyer DID try to start a friendly chat BEFORE we saw the judge, I ignored him. Judgement for the plaintiff!!!! Yeah!!! The lawyer told me after, we probably won’t appeal, we usually only win when the plaintiff doesn’t show up. SO answer the summons, go to the hearing, keep your mouth shut and let them PROVE you owe and for how much!!

[@avocadomegs4189]

Hoping this is true, i just filed my answer to a summons and requested various documents from them and also disputed the amount. The lawyer is out of state (6 hrs each way) wondering if they will call to dismiss it or if they're really going to go fourth with the lawsuit after receiving my response. It was a $300 credit line, now $587. Doesn't seem like it would be worth their time , but I have zero experience with this just hoping I filed correctly and it gets dismissed

[@melaninkaygirlboss1798]

@@avocadomegs4189 what results did you get?

[@bigrazzer]

Please explain to me how a credit card company can sell your debit. when they have wrote it off on there taxes as a lost.An then sell to collection agency.So if they don't get there money they can also claim as lost too. that is fraud when credit card company already claim it to IRS for same debt. I'm going to ask IRS the same thing.

[@RussellD11]

Sorry, It is NOT... Junk debt buyers make BILLIONS.... Midland funding, LVNV,ect.... they are PREDATORS!! and its totally legal even though they have NO PROOF they OWN your debt.... But 90% dont respond so they LOSE>>>>

[@barryisa7353]

@@RussellD11 I got a lvnv collection removed off credit simply by disputing

[@Myluxury1stHair]

They can put a lien on your home in other states such as California. I don't think this was discussed within this video; possibly because CA is not represented by the speaker.

[@Myluxury1stHair]

@Gary Tesla I do not know. You probably have to search Arizona and the question of whether your property is protected against a lien.

[@ramoncortes7002]

What happens if you don’t get serve with court papers?? or don’t get anything at all??

[@smiley6179]

Don’t answer the phone or the mail and they can’t sue you

[@nnvincent3]

Bad advice....if you get a summons and don't show up in court, they win a judgment by default, and then all kinds of bad things can happen: wage garnishment, freeze your bank account, credit report takes a hit.

[@smiley6179]

@@nnvincent3 Only way they can summons you to court if they have you on recording or if you sign a piece of paper agreeing that you got the mail for the summons Other than that nothing can happen

[@dougs7367]

@@nnvincent3 You can just move to a state where wage garnishments and bank account freezes are illegal. And who cares about credit report..

[@TheStarCardTarot]

If you have relocated to South Carolina from another state which Sol stands

[@inglesangle2582]

Usually the SOL of the state where the debt was incurred.

[@botzees]

Does the collector have the responsibility to show that it is within the statute of limitations. I can find no records to prove it myself but know that it is very close to being over.

[@sclegalservices]

Hi Donald, The collection company does have the responsibility to show that the lawsuit is within the statute of limitation. However, the debtor/defendant must first challenge the lawsuit if he believes that 3 years have passed since the last payment. This can be done with an Answer to the Complaint, or in a Motion to Dismiss the Complaint. If he does not challenge the lawsuit, the court will not do it for him, and the collection company won’t have to prove that it is within the statute of limitation.

[@botzees]

Thank you.

[@melaninkaygirlboss1798]

If you moved since the debt, which state does the SOL apply to?

[@inglesangle2582]

Usually the SOL of the state where you were when the debt was incurred.

[@heathererickson6216]

The court has to prove it has subject matter jurisdiction.

[@kirbylee57]

It's been six years since I've paid the collection company on the credit card debt, or had any contact with them. Just recently I received a letter from them, saying I still owe the debt, and if I didn't contact them within 30 days and dispute the debt they would get verification and a copy of a judgement, and send it to me. I don't remember anyone serving me papers to show up in court. I think they are bluffing, what do you think, with the little bit of information ive shown here?

[@gerrynightingale9045]

You have two choices...comply or not comply.It is the burden of the aggrieved party (the one you supposedly owe money to) to prove that you made no efforts to pay them. (if you pay even a dollar...and it is accepted...then that entity has lost any 'right of grievance' to sue you and win because they 'accepted' a payment...no matter how small) (send whoever it is a money-order or a personal-check for ten dollars...if it is not 'return to sender', then you are 'off the hook'! Just make certain you keep a receipt for at least five years so you can prove some company accepted the money...send them a few dollars every month for a year or so) After that...cease paying! When you are contacted for 'more money'...send a registered-mail letter to whomever or whatever office it is and tell them "I will send one dollar in dirty pennies to you every month' and see what happens then! IT IS CRITICAL for you to 'send the dollar' and see if it is cashed...once that happens, you cannot be sued successfully because YOU DID PAY and you can prove it.

[@777dingo]

It sounds like the statute of limitations is past, in Texas it's 4 years, check your State to see how long it is, and don't make a payment like Gerry advised or the time clock starts over on the statute of limitations and you will owe the debt again.

[@gerrynightingale9045]

That "Limitations" ruling can be very 'tricky', because basically any judge's Court is run as they see fit to do so...to either 'relax' or 'enforce' the mandates of other Court rulings regarding 'time limits'.(credit-card debts, where money and/or goods may transit several States or even different Countries like Canada have different regulations as to 'time intervals regarding a debt becoming 'moot')"Don't pay like Gerry said?" I was addressing a specific issue...and one way to 'deal with it' that actually works. IF a entity 'buys a debt/demands payment & Court costs' and the defendant has no ability to pay an attorney hundreds if not a thousand-dollars or more to represent you ONE TIME in Court...then"How?" is paying-out some small amount a 'bad thing?' IF the entity suing you ACCEPTS ANY PAYMENT AT ALL...then they no longer have any 'legal foundation' to sue you! Tell me 'why that's wrong?' Appearing in any Court carries an inherent risk of you losing! (you can appeal a decision...but unless you can demonstrate some permanent reason'why' you can't comply with a Courts' edict of 'pay them'...you likely lose again. (if I owe a creditor like Citibank 10k in credit debt, default on payments, and am served a 'Summons'by a debt-buyer that I'm being sued in Court...and I have assets like my home and other valuables I want to protect...and can't really afford a lawyer...and contact 'XYX' and tell them "I'm sending youa payment to cease harassing me" and mail them a registered-letter with fifty-dollar check from my account and they CASH IT...the 'lawsuit' is 'dead in the water' because accepting the money means 'XYZ' no longer has any 'monetary grievance' against me) I PAID THEM and they accepted it! Now it's only a question of 'how much and how often? will I pay'XYX' and my next check will be for 20$ and there's not a damn thing they can do about it! In plain English...I 'screwed them with their own greed'. I sent them some money and they 'accepted it'.

[@brigittelm6054]

Kirby If you pay any sum, even 1 dollar then consent, you start the time limits under statute all over again.

[@romanstarrtattoos]

what if I have no money, no property, on disability. cant hire a lawyer. How much time will I get? My life sucks maybe I would be better off in prison at least I would get a free ride

[@sclegalservices]

You cannot go to jail for owing a credit card debt. If you get served with collection pleadings, please call the SCLS intake line right away at [phone] Monday through Thursday from 9:00 a.m. to 6:00 p.m. to see if we can assist you. Legal papers have deadlines to answer. It is important to make sure that you do not miss the deadline.

[@valeriegriner5644]

Thank-you for this video. Unfortunately, I live in Georgia. Do you know if they have similar legal services available? I have been served by the Magistrate Court for a Discover Card debt and I need to answer it. I have no job and no assets at the moment. Thanks again.

[@bigrazzer]

@@valeriegriner5644 they can't garish you or tap into your bank account. if you are on disability. there are lawyer for disability people and they are free. check this youtuber out John Skiba

[@RussellD11]

your "Judgement" proof, relax, they cant so crap to you....

[@babybullsmith001]

Thank you doll,god bless

[@menacetoedom2394]

Can Indiana ganish wages.

[@popsxbox]

Did the Bank actually lent you money? Make the bank prove that they " THE BANK" lent you money. Your signature on the promissory note created the funds that were accredited to the account that the bank serviced on the card. Lets say you start with $4000 and you spend $100 so the bank bills you $120 on the statement. The $100 was credited to your revolving account and $20 went to the bank. Look at your bills. Notice your name is in all CAPITAL LETTERS? Look it up. Funny how they sell the paper for $40 on a $4000 note. They discharge the note as they should but fraud you by selling the note and letting a company whom you have no contract with fraud you even deeper.

[@SiriusEscobarz]

Can Texas garnish your wages?

[@celloblass3403]

Texas doesn't allow garnishment for credit cards

[@demee62]

The creditor can't garnish your wages BUT if you put money in the bank and they have a judgement they can garnish your bank account.