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    "Charge off" credit cards

    Can the company that citi and boa sold my info to sue me, garnish wages, etc?

    #2
    By 'sold my info to' I assume you mean sold the debt?
    Anyone who owns the debt can sue you and if they win, can try to garnish wages, levy bank accts and lien property.

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      #3
      I guess I mean that BOA charge off the debt and therefor sold it to another creditor. I'm under the assumption that they typically do not take you to court.

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        #4
        Originally posted by lovemybugs10 View Post
        I guess I mean that BOA charge off the debt and therefor sold it to another creditor. I'm under the assumption that they typically do not take you to court.
        oh, yes they can if they want too.

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          #5
          That's a bummer- is it common?

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            #6
            Not often but it happens. I was never sued in over 2 years.
            Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

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              #7
              Charge offs do not mean they sold the debt. It is an accounting term only, which purges the OC's books of a bum debt and gets them a tidy little tax writeoff. They can keep it and try to collect, or sell it and the purchasing JDB will try to collect.

              Yes, you can still get sued by any of the above, because the debt is not forgiven.
              First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

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                #8
                I've been sued by two CC companies after chargeoff. Neither of these have moved to enforce the judgment. One judgment was obtained in Dec. 2009 and the other more recently. All but one of my local creditors sued me, and I paid these off via wage garnishments.

                Some folks claim it is "rare" that a CC company files suit, but a look at court records across my state suggests there are thousands and thousands of lawsuits by CC companies. I guess it all depends on one's definition of "rare."

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                  #9
                  Weird. I guess it's just misinformation that spreads....

                  Discover did not charge off- they did sue. I see it on file in the state I lived in.

                  Anyone know if I should call and try to work out a payment plan, or if it's too late?

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                    #10
                    Originally posted by lovemybugs10 View Post
                    Weird. I guess it's just misinformation that spreads....

                    Discover did not charge off- they did sue. I see it on file in the state I lived in.

                    Anyone know if I should call and try to work out a payment plan, or if it's too late?
                    If they sued and got a judgment, they can transfer that judgment into the current state that you reside. Depending on your states laws regarding judgments, they maybe able to levy, lien or garnish property and wages. Now if you're collection proof don't even bother worrying about it.

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                      #11
                      Thanks!

                      How can I find out about the judgment or where in the lawsuit process they are at?

                      We were in KY when the suit was filed.

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                        #12
                        Originally posted by lovemybugs10 View Post
                        How can I find out about the judgment or where in the lawsuit process they are at?
                        We were in KY when the suit was filed.
                        You are asking about your Discover lawsuit I assume. Call the clerk of court in the KY county where you were sued, and ask for copies of the complete lawsuit file. Since you can see the file online you already have the file number. There will be a charge for the copies plus postage.

                        The Docket also gives a summary of each step in the case. Sometimes the docket is shown online for the case, and sometimes it isn't. My county has NO online access for any cases, even though we are in the Silicon Forest and home to some of the most advanced communication and computer technology in the world.
                        “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

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