A
Al C
Guest
court or ignore it? i have no $? If i go to court what should i say if i can not pay?
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
a credit card company is taking me to court for $4,000 in NYC. should i go to
No....show up in court!
==================================
Send this card company and the court a letter via Certified Mail with Return Receipt (NOT regular mail) stating:
Notice of Intent to Defend
I cannot officially respond to your claim until validation is made for the alleged debt. I am officially requesting validation of your claim, to include (this info will be requested at the court hearing):
- A copy of the original application with my signature for this alleged debt
- How much was this debt purchased for?
- Provide a fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated, including the interest rate being charged. Confirm that this rate falls within state usury limits
This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.
--------------------------------------
Fill out the response to the court the best that you can. If you are asked if you Affirm or Deny the claim, mark "Deny" and mail that along with the above letter stating that you cannot affirm or deny the claim until the claim has been validated. Also mail this via Certified Mail with Return Receipt
-------------------------------
On the court date: DO NOT be a no-show under any circumstances whatsoever. Not showing up is the worst thing you can possibly do. Even if you are frightened....or you're sick with a 102 degree fever...or if you think that you'd loose anyway...show up anyway! If you don't, the other side will get a default judgement and they will get this on THEIR terms. They will tack on all sorts of add-on fees and the amount of the judgment could end up being two or three times the actual amount of the debt.
On the court date:
- bring complete documentation of your income and living expenses: Pay stubs and copies of bills. Even if you loose, you can use this to negotiate much more favorable repayment terms. Request the following info from the other side on the court date:
- a copy of the original application with your signature
- a fully itemized statement for the amount they are asking which clearly details how this amount was calculated, including the interest rate being charged - How much was this debt purchased for?
===============================
Lastly....if they take you to court and win a judgement, this will authorize them to freeze your checking accounts....To be safe, this might be a good time to start pulling out any money you have in check/savings accounts and putting the cash in a safe deposit box to keep them from getting your money. Also, stop any direct deposits of payroll checks
==================================
Send this card company and the court a letter via Certified Mail with Return Receipt (NOT regular mail) stating:
Notice of Intent to Defend
I cannot officially respond to your claim until validation is made for the alleged debt. I am officially requesting validation of your claim, to include (this info will be requested at the court hearing):
- A copy of the original application with my signature for this alleged debt
- How much was this debt purchased for?
- Provide a fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated, including the interest rate being charged. Confirm that this rate falls within state usury limits
This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.
--------------------------------------
Fill out the response to the court the best that you can. If you are asked if you Affirm or Deny the claim, mark "Deny" and mail that along with the above letter stating that you cannot affirm or deny the claim until the claim has been validated. Also mail this via Certified Mail with Return Receipt
-------------------------------
On the court date: DO NOT be a no-show under any circumstances whatsoever. Not showing up is the worst thing you can possibly do. Even if you are frightened....or you're sick with a 102 degree fever...or if you think that you'd loose anyway...show up anyway! If you don't, the other side will get a default judgement and they will get this on THEIR terms. They will tack on all sorts of add-on fees and the amount of the judgment could end up being two or three times the actual amount of the debt.
On the court date:
- bring complete documentation of your income and living expenses: Pay stubs and copies of bills. Even if you loose, you can use this to negotiate much more favorable repayment terms. Request the following info from the other side on the court date:
- a copy of the original application with your signature
- a fully itemized statement for the amount they are asking which clearly details how this amount was calculated, including the interest rate being charged - How much was this debt purchased for?
===============================
Lastly....if they take you to court and win a judgement, this will authorize them to freeze your checking accounts....To be safe, this might be a good time to start pulling out any money you have in check/savings accounts and putting the cash in a safe deposit box to keep them from getting your money. Also, stop any direct deposits of payroll checks
R
reggie
Guest
WOW! This account must be fresh because, most credit card companies just threaten to take you to court if you owe more than $2500. File a BBB complaint against them to slow the process down and if they recant it wasn't a real legal action.
Yes, you need to-go and explain to the judge why you can't pay and be honest. Bring proof as to why you can't pay also but most likely you are going to be put under an order to pay (garnished wages).
Man, hang tough.
Yes, you need to-go and explain to the judge why you can't pay and be honest. Bring proof as to why you can't pay also but most likely you are going to be put under an order to pay (garnished wages).
Man, hang tough.
S
SPIFIMAN1
Guest
You must show up or they will win whats called a default judgment and then can attach bank accounts, garnish wages (if your State allows it) and file liens on any real property you may own like cars, boats, land and homes.
At least if you show up you can plead your case and let the judge decide what if any monthly amount you will have to pay.
At least if you show up you can plead your case and let the judge decide what if any monthly amount you will have to pay.
R
Randall Parker, MBA
Guest
You need to file an Answer to the Complaint and request Discovery for all documents related to the alleged loan. Get an attorney.
If you need help, contact National Consumer Rights Alliance for assistance. They can help you. Their website appears below.
Good luck. Do not ignore this, because you might stand a good chance of winning, and not owing anything, if you fight back!
---> Note to CatDad: A validation request is moot and has no effect once a lawsuit has actually been filed. Accomplish the same goals through a Discovery Request. If they can't validate, the case will be dismissed. Most collection agencies will drop the suit on the day before trial if they can't squeeze money out of the debtor and don't have supporting documentation. They don't want to risk court sanctions for filing a frivolous lawsuit.
If you need help, contact National Consumer Rights Alliance for assistance. They can help you. Their website appears below.
Good luck. Do not ignore this, because you might stand a good chance of winning, and not owing anything, if you fight back!
---> Note to CatDad: A validation request is moot and has no effect once a lawsuit has actually been filed. Accomplish the same goals through a Discovery Request. If they can't validate, the case will be dismissed. Most collection agencies will drop the suit on the day before trial if they can't squeeze money out of the debtor and don't have supporting documentation. They don't want to risk court sanctions for filing a frivolous lawsuit.