I received a summons today from old credit card debt..what should i do?also can they touch my bank accounts..m

Question

can my and my kids bank accounts with my name on them be touched

Answer 1

Credit card debt is "unsecured", meaning they have no collateral to repossess. This is different from a home mortgage or auto loan where they can take the property back if you don't make the payments. Whatever you buy with a credit card belongs to you completely. The loaned money for it is entirely separate from the ownership of the bought property or service.

They can take you to court (there should be a statute of limitations on this) and will put the delinquent account in your credit history, lowering your credit rating. Only a court order can get at any of your assets.

Answer 2

No they cannot touch an account that has your name and someone elses name on it. Definitely respond to the summons otherwise they get a default judgement. When you respond you tell them you don't recall the debt and to provide prooof that the debt is owed.  The burden of proof is on them.

Answer 3

First you must take this one step at a time.

Check your states statute of limitations to see if they can seek legal action on the debt.  Here is a web site where you can find not only the SOL but also your states rules regarding garnishment. (taking of a savings account, especialy a joint account is almost impossible due to the fact that they would have to prove who owns what amount).

http://www.bcsalliance.com/statute_of_li...

You will also find more information about debts at this site.

Is the summons a legal one?

Many junk debt collectors use legal looking documents to scare people into paying a debt that is often time barred (beyond a states SOL).  Here are a few links to see if this agency that is after you is on the level.

http://www.budhibbs.com/drowning_in_debt...

http://www.ripoffreport.com/default.asp

If the summons is a legal one, it will show the court location, the creditor, the time and docket number of the case.  If this info is NOT indicated, then it is probably a bogus one.  If it is a bogus summons,  then you can seek civil damages against the creditor for violation of the FDCPA to whit:

15 U.S.C. § 1692e. False or misleading representations.  (9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

Last but not least, if the summons is legal and the debt is beyond your states statute of limitations, then DON'T ignore it.  Show up in court and use the "time barred debt" as your defense. Ask that all information the creditor has be shown to the court and look to make sure the true date of delinquency appears on the paperwork.  That is when the SOL starts the clock.   If you fail to show, they will win by default regardless of the SOL  here is another link to find out more about "time barred debts"

http://www.ftc.gov/bcp/conline/pubs/aler...

Information on time barred debts.

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 4

A summons to appear in court? Or a letter from a collection agency? You didn't indicate how old the debt is. If it is more than 7 yrs ago and from a collection agency throw it in the garbage. While it is legal for them to attempt to collect the debt it is to old for any sort of court proceeds,. Basically if it is the case they waited to long.

Answer 5

If the collection agency goes to court and wins a judgment, they can attach ANY bank account that has your name on it.  Being joint with anyone, including your kids, will not exempt a single penny.

Make sure this is a real summons and not a collection agency scare tactic.  If it's real, show up in court.  Failure to show gives them a default judgment.

Answer 6

Can they touch the accounts? Only with a garnishment notice, for which they need to win in court.

If the summons is real, check the date of the debt. Different states have different rules (as mentioned by another poster). If the debt is PAST that date, you can ask that the CC company or Collection Agency be held liable for your costs.

The 7year rule is for items reporting on your credit report, not court proceedings. Court proceedings (SOL for attempting to collect through court) are limited by statute, and are usually less than 7years. This is why some collection agencies try harassing people in 3-5years and threatening legal action but never actually do it.

You need to give info on your State, as well as how old the debt is and WHO sent the summons (court, debtor, or collection agency).