I got a civil summons today for old credit card debt?

Question

i checked the court it is real ..its from mel s harris &assoc.

i ve alot of reviews on ripeoff report .com about them freezing acconts..etc i m so nervous help what do i do i m broke 2 kids and on disability..with a little in the bank for my kids and direct deposit..ok i go to court ...then what...please help. im clueless

Answer 1

I had a great opportunity to get a summons from those idiots.  I was so scared that I called a lawyer.  It cost me $250 to have them go to the court and file an answer.  I didn't know what to do thats why I got a lawyer.  If you can't afford one, what I would do is call my local legal aid office and explain everything to them.  There are lawyers who will work pro bono (free) for you.  You don't need your own lawyer, but you'll sleep better at night.  I eventually did a bankruptcy and it was the best thing I could have done.  Feel free to email me if you have any other questions at [e-mail].  

P.S.  Make sure you go on the date specified (or your lawyer), or they win automatically.

Answer 2

i am in the same situation. Credit card debt from college. so stupid of me. I called legal aid and they said i was on my own--they don't do credit cards. I filed an answer myself and plan to represent myself. I am just going to tell the judge that yes, this is MY debt, i accepted the terms, I'm sorry to default, i am out of work and going into grad school and that i would like to repay, but i have to have some reasonable terms. I cannot make the $350 a month minimum on a $1400.00 account. It is unreasonable for me. I only made $3600.00 last year as a student.

Be humble, apologize and ask for forgiveness, the worst that can happen is they garnish your wages ( a percent of non-gov't wages- can't take disability) and freeze some accounts. There is no jail for poor people who can't pay!

If your debt is high you might consider bankruptcy ( i would like to do this for multiple medical debts) but its very expensive , i looked in to it at it seems to run about $1400.00 the same amount i owe for that one bill.

Get some advice, call a local credit counseling agency and ask just for advice, don't let them talk you into debt consolidation and taking another loan. don't trow money after $. Ask a thousand questions and get all the info.

keep on top of it and make sure it hasn't been past the statue of limitations ( or close to it). Once you call them, make a payment, ect, you acknowledge the debt--very bad i did this..don't do it the clock start over.

Good luck

Answer 3

How old is the debt?  Check the Statute of Limitations (SOL), the timeframe to bring lawsuit, for your state:  http://www.bcsalliance.com/statute_of_li...  Typically the SOL starts from the last activity or last payment.

If the debt is beyond the SOL, you need to respond to the summons and show up in court and use the SOL as an affirmative defense.  If you have anything that shows when the last payment was made, bring that with you to court.

If your disability is from SS or SSI, they cannot garnish that.  If the only source of money in your bank account is from SS or SSI, they cannot attach your bank account -- although they may try and you have to fill out paperwork to stop it.

This particular collection agency is not known for playing by the rules.  I would not be a bit surprised that the debt is beyond the SOL and they know it.  They hope you don't show up.

Answer 4

This is a really sleazy outfit....be careful. See links below. I'd call the court to confirm that this is in fact a "real" summons. This firm has multiple dirty tricks up its sleeves. They are the kings of "sewer service" summons deliveries.

If there is a specific request to respond in the summons, you MUST do this. It's something that you can't do on your own. You need an attorney. If you can't afford one, contact your local Red Cross for a referral to free legal aide in your area. They "may" be able to help you with this.

On the court date, DO NOT be a no-show under any circumstances....They want you to not show up so that they'll get a default judgement against you.

Be very careful in your communications. DO NOT admit that you owe money (even if you do) or they'll use that against you.  In the interim, send them a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting

written validation of this alleged debt and that said alleged debt is within the statute of limitations

Answer 5

you'll be paying your debt off fast

Answer 6

This is something you have apparently ignored, which is unfortunate.  It is imperative you show up for the hearing.  You will lose if the debt is good but you may be able to plead for a payment arrangement.  

Meanwhile, withdraw enough money that you have sufficient funds to live on for awhile.  Your bank account will probably be garnished for payment.  Find out what your rights are.  If your disability is from SSI or Social Security, you may have some rights.  A call should give you the information.  Your bank may also be able to help.

Be sure you don't have automatic bill payments or checks outstanding that could be NSF if your account is levied.