Being sued by a credit card company?

Question

my boyfriend has a court date from a credit card company and they are basically suing him for around 5000.00 plus 1900.00 lawer fees is this legal ? last yr and the yr before that he made less than 3000.00 on his taxes. we have barley been able to live thanks to me we have made it it's just been really tough since we have moved here. Yes he has a mortage, and a motorcycle pmt in which is always behind. I know when he had that credit card and others as well he was making about 30 grand a yr but that has not been the case for 3 yrs what do we do any advice?

Answer 1

First thing to do is find out if this debt is within your state statute of limitation to seek civl action.  You can find your states SOL at this web site. http://www.bcsalliance.com/statute_of_li...

if the debt is "time barred" this would be his defense in court.

If the debt is NOT "time barred" then bring any papers he has to prove his montly income to court.  Explain to the creditors legal counsel that he would like to work out some payment plan if possible.

Yes they can add on legal fees and other expenses as well as interest due.  The amount of interest you would pay on the judgment if awarded to the credit card company would depend upon where you live.  Each state has different regulations as to wage garnishments and seizure of assets. Here is another link to find this info

http://www.bcsalliance.com/y_debt_statel...

Hope this answers your question

LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.

Answer 2

www.cccs.org

This is a non profit that helps set up payback to creditors, etc. They also work with creditors to reduce/eliminate late fees, etc.

Answer 3

I work for a collections department for a credit card company. First off he should have agreed to a payment program the first time they offered one to him. Secondly he should have agreed to a payment program the second time he was contacted by a lawyer, where he was told if he didnt set up a program he would have lawyer fees. Now he has 2 options at this point. He can either file bankrupt where his credit will be destroyed, but the credit card company will write of the fees. Or, he may able to keep that off his record, and make a plea deal to get the lawyer fees voided, or will have one more option for a payment plan. If so TAKE IT!!!

Answer 4

The only thing you can do is try contacting them before the court date and explain your situation. It may be too late at this point and they may not be willing to work with you but that is about all you can do. Yes this is legal your boyfriend charged the card and they don't care about what he makes they just want their money.

Answer 5

Your boyfriend needs to find a job that makes enough money to pay his debts.  The fact that he's only claimed $3K on his taxes for the past two years does not mean he doesn't have to pay.

He should get out that agreement he signed for that credit card.  It is perfectly legal for them to sue him and include legal fees.  He should show up in court.  Maybe the judge will allow some kind of payment plan.  But the credit card is going to win the judgment and they will then be able to attach his bank account (even if all the funds in that account are yours), garnish his wages, and lien his property.

Answer 6

Of course it's legal! He should pay his bills or be in constant contact with his creditors making payment arrangements.

Did you two think the Credit Comapny was giving out free money?