law suit

[glc4122]

i hava question about being sued for a judgement on cc. is there any way you can forecast when a suit is on its way,beside calling the clerk of court. I have one creditor the amount is for small claims court. i checked my caller id today and had one reading of a county office. so i tried to call and no answer, just the normal leave your message after the beep.and later in the day i received call unknown on caller id, but the man left message who he was collector for the bank issurer of the default credit card i have for approx six months.he mentioned if i have legal counsel to call and try to resolve the problems of no payment for six months. the question i have would he be the OC since he is the issurer of the card or CA that i can dv? I believe he is inhouse collection for the bank of the issued card? and do these ca have technology to make caller id show county offices or what ever the what to make them show?

[jp2861]

i hava question about being sued for a judgement on cc. is there any way you can forecast when a suit is on its way,beside calling the clerk of court. I have one creditor the amount is for small claims court. i checked my caller id today and had one reading of a county office. so i tried to call and no answer, just the normal leave your message after the beep.and later in the day i received call unknown on caller id, but the man left message who he was collector for the bank issurer of the default credit card i have for approx six months.he mentioned if i have legal counsel to call and try to resolve the problems of no payment for six months. the question i have would he be the OC since he is the issurer of the card or CA that i can dv? I believe he is inhouse collection for the bank of the issued card? and do these ca have technology to make caller id show county offices or what ever the what to make them show?

Quite frankly, I'm not sure why a county officer would be calling you about a credit card debt.

As far as predicting when it will happen, you can't. They all operate on different timelines. The only thing you can do is wait until you start receiving notices. You don't say whether or not you've already been receiving love-letters from the OC or any CA's, or been served yet. A little more history on what's been happening for the last 6 months would probably get you some better reponses.

[dkNY]

I only read this quick once but a thought quickly came to my mind. The county office may of been calling because someone is trying to locate you to serve papers. Some servers dont like to play cat and mouse and are real decent about setting up a good time for you to be served with the least embarrassment and to make their job easier. The judgment itself will be very non-eventful and the County should not have any other reason to call you related to this issue.

It sounds like it may be a very good time to plan ahead with how you plan to bank in the near future if you smell a judgment coming and dont plan to show up in court or contest it at all. You can save yourself and your bank a lot of grief by closing any accounts with your social security number on them. Even if you dont have a balance, the bank may try to draw it negative and cut all ties with you as quick as possible anyway. I logged on to find posts on that separate topic anyway since i just had a CC judgment and they went for my only account i left open. Welcome to many years of money orders and cash, just like a good share of us had to adapt to. Keep your chin up, your not the only one dealing with all this.

[treehugger1]

Many times big national CC companies outsource their initial collection attempts by assignment. The CA is simply hired to attempt to collect the debt. You can tell that this is the case when the dunning letter asks you to make your payment in the name of the CC card. However, those dunning letters are third party collection attempts. If you have received these types of letters and failed to ask for DV, you might be beyond the 30 day window to make such a request.

It is a hard call to sit back and let a judgment go by default, but unless you can afford an attorney or wish to attempt an answer in a non small claims court, you might simply delay the inevitable and add more of the plantiff's attorney fees to your debt. If you have little or no assets, then there is not much one can collect on a judgment. If you have wages, you can probably expect to see a garnishment (as mentioned, timelines can be all over hte place.)

If it is a small claims summons, you might be able to deny the claim and request a mediation. If it is non-small claims, then your case will probably be heard in a higher court. There are some of these higher courts that still refer both parties to mediation prior to holding a trial. If you believe there is a possibility for mediation through your local courts then you might want to answer the papers you are served. If you do not believe there is a chance for mediation, then you might want to sit back and await judgment.

Once you are served, you might attempt to contact the attorney who is handling the CA's or CC's case and see if you can work out an agreement.

Once a judgment is entered against you, you might still be able to work out an agreement with the attorney. It is not necessary that you divulge all your financial affairs, but you could make an offer (payment plan, etc) if you can afford to make payments.

The truth is that there is no way of knowing what options the attorney may take. This seems to be all over the place. When it comes to debt, there is no one shoe that fits everyone.