I have been served papers for credit card default. The debt

Submitted by nctiptoes2 on Wed, 04/08/2009 - 19:22
Forums

I have been served papers for credit card default. The debt was charged off in 2005 - what are my options?

Desparate

Do you mean that you have got collection letters for the debt? If it is so, you should send a debt validation letter within 30 days by certified mail to check whether the collection agency owns your debt and them pay it off. Moreover, you should check whether the SOL on the debt has expired or not. If it has already expired, then you are no longer legally liable for the debt and the creditor cannot sue you and bring judgment against you to recover it. Can you tell me the state where you have signed the loan agreement?

Thu, 04/09/2009 - 06:50 Permalink

Can you tell me the state where you have taken the loan?
"Charge off" does not mean that you are no longer liable to pay off the debt. In fact even if the account is charged off, the creditor legally recover the debt till the SOL expiry.
I think that you should ask for debt validation and settle the debt with the creditor after getting your debt validated. This is because if the creditors bring judgment against you, it will affect your credit score.

Thu, 04/09/2009 - 07:33 Permalink

Since you are in Georgia, the Statute of Limitation on the debt has still not expired and so you can contact the creditor, ask for debt validation and pay off the debt after getting the debt validated in order to avoid judgment. However, if you cannot afford to pay off the debt, you should not send DV letter and wait for them to send you collection letter first.

Sat, 04/11/2009 - 10:42 Permalink
nicole (not verified)

what is the sol on debt in minnesota?. I have 7 cards in default and i have no job and dont know what to do.

Wed, 04/29/2009 - 17:45 Permalink

The Statute of Limitation in Minnesota is 6 years for all types of debt. The SOL starts after 6 months from the date you have made your last payment towards the card. Can you tell me when have you made your last payments and the total amount you owe?

Thu, 04/30/2009 - 07:30 Permalink
Mary Ann (not verified)

Can someone who has left the country be served?

Wed, 10/14/2009 - 16:14 Permalink
Mary Ann (not verified)

Can bank deposits is US from SS or a pension be accessed by collection agency?

Wed, 10/14/2009 - 16:23 Permalink
Tara (not verified)

I was just served pepers for a credit card and there are more to come I'm sure. I don't work and have two kids. This dbt is from before I was married and my husband wants no part in it. What can they do to me and what is the best thing to do.

Fri, 03/12/2010 - 22:32 Permalink

Hi Mary:

Pension and Social Security Income cannot be garnished under the Federal Law. However, it depends on the state garnishment laws too. So check the garnishment laws of your state.

Tara:

Can you please tell me what kind of papers were you served?

Thanks,

Aaron

Mon, 03/15/2010 - 10:47 Permalink
Up a creek (not verified)

What do I do next if I'm served legal papers from an attorney representing Capitol One. I don't have money to pay it. My husbands working 2 jobs, I cannot work because of my health, we owe more people and our truck my be repo'd if we don't come up with the payment this month. I would like to pay Capitol one but we really don't have the money. What do I do now? We live in New Mexico.

Mon, 04/25/2011 - 18:02 Permalink
jor (not verified)

I live in New York and have been served with legal papers regarding defaulting on a credit card.
I understand if I don't respond it will automatically be found in favor of the collection agency.
I do not have the means to pay the debt.
Does anyone know what my next step would be?

Fri, 06/08/2012 - 22:34 Permalink
tro (not verified)

I live in Arizona I just got served It,s been over 6 yrs and I do not have the money to pay says I have to contact court with in 20 days. Who should I contact Courts or Collection that was bought by an attorney.

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Wed, 08/06/2014 - 00:28 Permalink