Gerda J asked:


finance problems, non payment of outstanding debt on credit card for 3 years plus, what are my rights is there a prescription period for debt as financially i am still unable to make te payments, and bank is demanding payment. Should i liaise with them and discuss my financial position or where do i stand, can they legally still sue me after this period, as they have only just contacted me after three years of non contact?

Pyratas asked:


Hi there,

I had a alleged credit card debt that is about 4 months to SOL. A third party purchased the debt and sued me. I hit them really hard in discovery and they had filed and entered “Dismissal w/o prejudice” just before the trial date.

Are there any motions I can file to try to change this to “Dismissal WITH prejudice?”

If so, is it wise to do so, in fear that they have an easy opportunity to re-serve me a new summons before the SOL? (In the assumption that by filing a motion I would have to be present in a Law and Motions hearing)….

Thanks for any advice!

R P asked:


do i have to appear in court?

lriffs asked:


I had filed for chapter 13, 2 years ago,and bcame un employed,and un able to pay
The case was dis missed
Well now one of the credit card companies are coming after me,I received a certified letter from my local court with 28 days to respond,I am a stay at home mother of three with still no income,the debt was in my name not my husbands,and he refuses to help,he was not aware of this debt,I have no bank account,but my name is on the deed of our home also
Since his and my name is on the deed will they put a lien on our home,his name is on the debt?We live in Ohio
I have no money to file for bankrupcy or get a attorney,I tried to call the attorney for the credit card company to see about making small payments on this debt of 4500.00,they will not call me back
Will I be able to represent myself and tell them I have no income,and my husband only makes enough to cover the bills
What are the chances of them going after my home,will they make me sell
Thanks for a repsonse

JLT asked:


I have tried to make a payment arrangement with the CC company, but they won’t. Now an attorney has summons me to court in behalf of the CC company. Once I go to court, will the attorney try and work out a deal with me before it goes before the judge? My story: I had lost my job and couldn’t make the payments. I contacted the CC company and told them that I could make $100 a month payments, but they refused. They said that I had to make the minimum payment. I asked them to stop the overlimit fees and the late fees, but they refused. I went thru a Debt Settlement company and it is working well, except for this one particualr CC company. I would like advice on how to come out of this intact. I can’t afford to have 25% of my income garnished. I wouldn’t be able to pay the bills I am obligated to now.

Matt S asked:


Hello. I just received notification that I am being sued by my credit card company. I stopped paying on this card about a year ago and thought I would just wait a couple years and settle. For various reasons, bankruptcy is not a good choice for me. My question is if they get a judgement against me, I know they can garnish wages and seize property, but I own a business and have no real property of value. Can they touch my business is my main question? I don’t think they can make me sell the business but maybe they can put a judgement against it when I do sell down the road? Looking to get some insight here before I speak with and pay a lawyer. Thanks! The debt is about 16K by the way.
OK I guess more details are needed. The credit was my personal credit card, not a card against the business. The business is doing well and definitely making it. My main question is can they put a lein against the business, which I’m sure they can. But I don’t believe any judge can force me to sell my business since it is my livelyhood. So I’m thinking there will be a lein against the business which when I sell (if I ever do) they can collect. Is my thinking correct? Anyone experience in this? It is set up as a sole proprietorship.

John T asked:


Just received a summons to appear in court for a balance of $2056.84 and accrued interest of $1863.62, along with attorney fees. It’s been over 4 years since I last made a payment. I tried contacting the credit company about last year but they told me that they no longer owned the debt. I then called the company that supposedly owned the debt and I kept getting no response, so I just let it go. Should I get a lawyer?

DEREK K asked:


I here adds all the time that you can settle credit card debt Yea it hits you credit score but how risking is this It says in every card card agreement that it you miss even one payment you get charge a late fee like $15 to $50 and you APY goes to storming very high like 39.99% which make it take even longer to pay off and and increased payments.

Can and do credit card company’s sue garnish wadges bank accounts?
Take they you house or car even thought it is unsecured.??
Yes I know they can run You cread report. and Call you to no end.

tricky0ff2000 asked:


I was served with a suit for a credit card debt that is nearly 6 years old. I have looked all over the internet and I cannot get a straight answer about the SOL for Nevada on credit card debt (whether it’s 4 years- open account or 6 years-contractual).

I also have no idea how to answer. I am also being sued for more interest charges than the initial debt, and I believe the initial debt they are claiming is high. I think I need to file a motion for discovery but I don’t know how to do that either.
I cannot afford a lawyer. What can I do?
There was no statement attached and I no longer have any copies. I cannot remember for sure but I think my credit limit on the account was only $1500 but they are suing for $2600 initial debt and $2700 in interest charges plus lawyers fees. Does anyone have a definite answer about the statute of limitation? This is a key point in this matter.

Alle S asked:


One of my best friends and I got into huge credit card debt about, where we could not pay four years ago. we were up to about 30k each. I had them just about go into to charge off, where i work full time and a part time job to keep up. Now i owe about 9k. My credit is crap. Now Jan my friend has married a successful business man that has good credit. She told me that she has not paid a dime, she claims that all of here debt is now passed the SOL of south carolina. She said that heck my credit is junk but i will not get sued. Thats why i got on the ball with my situation because i was threaten of being sued all the time.