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I'm being sued for a old CC. ...UPDATED..agreement

Posted on 7/15/14 at 4:30 pm
Posted by Modern
Fiddy Men
Member since May 2011
16876 posts
Posted on 7/15/14 at 4:30 pm
I received a certified letter today from the EBR parish that I'm being sued for a old credit card.

Long story short, I was making payments on it a while back but then took a 60% pay cut at the job I was at and got a new job but still don't make the amount that job 1 payed before the cut.

I couldn't afford to make payments on it anymore so I did the dumb thing and just ignored it. Ignored the calls/ ignored the letters, etc etc.

Now I'm being sued. I don't have money for an attorney and I called the SE legal services company that was on the brochure that's with the paper to try to get free legal help, but they say that b/c of my income that I don't qualify.

I have no idea on what to do about this. How do I respond to these papers served? How does all of this work?
This post was edited on 10/7/14 at 4:37 pm
Posted by SirSaintly
Uptown, New Orleans
Member since Feb 2013
3131 posts
Posted on 7/15/14 at 4:33 pm to
Isn't CC debt unsecured? Anyway. Call the CC company and work out a payment plan with them. They just want to get paid.
Posted by JonTheTigerFan
Central, LA
Member since Nov 2003
6784 posts
Posted on 7/15/14 at 4:35 pm to
How old is the debt? How long since you've paid anything on it? Was the letter from the CC company or collection agency?
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 7/15/14 at 4:36 pm to
quote:

Call the CC company and work out a payment plan with them. They just want to get paid


THIS!
Posted by I Love Bama
Alabama
Member since Nov 2007
37693 posts
Posted on 7/15/14 at 4:37 pm to
Posted by Modern
Fiddy Men
Member since May 2011
16876 posts
Posted on 7/15/14 at 4:40 pm to
quote:

How old is the debt? How long since you've paid anything on it? Was the letter from the CC company or collection agency?



I wanna say I haven't played on it in about 2 1\2 years.

The certified letter was from the EBR parish clerk of court. Notorized, stamped with the seal and signed. On the bottom of the pages it had the collection agency business logo and phone number on the bottom.
Posted by JonTheTigerFan
Central, LA
Member since Nov 2003
6784 posts
Posted on 7/15/14 at 4:45 pm to
quote:

wanna say I haven't played on it in about 2 1\2 years.


That's why they're doing it now. The statute of limitations for open ended credit is 3 years in Louisiana. Send them a "validation letter" but don't admit to the debt. Google for a template. This will buy you some time. If they validate it and prove it's legit, either try to settle or get an attorney. Unless you want to pay it off, in which case you can contact them now and try to arrange a settlement or payment plan. Just know that if you admit the debt is your's or make a payment, you reset the statute of limitations.
Posted by LSURussian
Member since Feb 2005
126942 posts
Posted on 7/15/14 at 4:49 pm to
How much is the debt? Are we talking tens of thousands of dollars or just a few hundred?
Posted by lsufan1971
Zachary
Member since Nov 2003
18112 posts
Posted on 7/15/14 at 4:51 pm to
I will add one other thing. Try to work it out with them. If it gets to garnishment. Your going to pay a shitload of attorney's fees and interest. They will settle in many cases for %50 if you can pay it off in a lump sum.
Posted by Goldrush25
San Diego, CA
Member since Oct 2012
33793 posts
Posted on 7/15/14 at 4:53 pm to
quote:

Isn't CC debt unsecured? Anyway. Call the CC company and work out a payment plan with them. They just want to get paid.


This. Just contact them. In the end, they will take whatever they can get.
This post was edited on 7/15/14 at 4:54 pm
Posted by Modern
Fiddy Men
Member since May 2011
16876 posts
Posted on 7/15/14 at 4:58 pm to
2,000

So if I contact the CC and workout a settlement, etc. what do I do about the court papers?
Posted by Motorboat
At the camp
Member since Oct 2007
22666 posts
Posted on 7/15/14 at 5:00 pm to
You need to consult an attorney. there are deadlines to respond.
Posted by JonTheTigerFan
Central, LA
Member since Nov 2003
6784 posts
Posted on 7/15/14 at 5:05 pm to
quote:

You need to consult an attorney. there are deadlines to respond.


This is what I would do. What's your email address? I know of an attorney in BR who helped a friend in your situation for pretty cheap.
Posted by I Love Bama
Alabama
Member since Nov 2007
37693 posts
Posted on 7/15/14 at 5:25 pm to
quote:

2,000


They will settle for $500. Don't get a lawyer involved. Waste of money.
Posted by Teddy Ruxpin
Member since Oct 2006
39553 posts
Posted on 7/15/14 at 5:33 pm to
quote:

They will settle for $500.


I wouldn't bet on it if they instituted legal proceedings against him. That tells me they are going for a judgment. They don't have nearly the incentive to settle for such a small amount any more.
This post was edited on 7/15/14 at 5:35 pm
Posted by Double Oh
Louisiana
Member since Sep 2008
17722 posts
Posted on 7/15/14 at 6:24 pm to
they will probably settle for $1000. Round up $1000 call them tell them thats all you have will they take $1000? if they say yes get them to get it in writing that $1000 will settle the debt. Do not give them electronic access to your bank account.


Signed,

Dave Ramsey
Posted by miab777
Member since Aug 2012
348 posts
Posted on 7/15/14 at 7:12 pm to
You are about to get your wages garnished.
Posted by I B Freeman
Member since Oct 2009
27843 posts
Posted on 7/15/14 at 8:42 pm to
I doubt this lawsuit is any surprise to you. Those debt collection agencies would have loved to settle with you months ago. I suspect you have ignored their letters and phone calls.

The good news interest on the judgement will be limited to about 12% I think and that is most likely much less than is accruing now.
Posted by LSURussian
Member since Feb 2005
126942 posts
Posted on 7/15/14 at 9:16 pm to
quote:

I suspect you have ignored their letters and phone calls.


He wrote in his OP:
quote:

so I did the dumb thing and just ignored it. Ignored the calls/ ignored the letters, etc etc.
Posted by VetteGuy
Member since Feb 2008
28072 posts
Posted on 7/15/14 at 9:18 pm to
Well, the good news is his not reading the OP didn't stop him from giving sanctimonious advice.
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