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Curious on aftermath of not paying credit cards...

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    #16
    Originally posted by sisterfunkhaus View Post
    Me. I have a default judgment against me that was issued the very day I filed BK. Luckily, they are SOL for now b/c I am in the auto stay.

    They wrote me, called me, you name it. They eventually dropped summons papers off at my door. They never tried to serve me. The original suit was issued back in October, but they claimed they couldn't serve me. They have my address and phone number and I am here much of the time. Not sure what the problem was.

    And they cannot levy a bank account w/o a judgment. Now if you bank at the same place you have a card, they can freeze your bank account if it is in the terms of service.
    Sounds like you were "sewer served" what State are you in. I know its a moot point now, but If you had not filed BK, you could have filed a motion to vacate the Judgment. Not sure about your State protocols, but in Texas, you have to be physically served.

    Ian

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      #17
      Our Capital One Cards were included in the BK but they were at least 8 months due when Capital One sold it to a collection agency. I forget the name of the Collection Agency but they were the rudest people and when I would give them my bankruptcy information they would hang up so they would not have to write it in the file. They would repeatedly call and when I stated I was in bankruptcy and started giving them my information for contact, they would make a rude remark about me or my credit and hang up. I contacted Capital One and threatened to sue them and the collection agency for ignoring my bankruptcy and attorney information...guess what...capital one took back over the collection and all calls stopped.
      Filed 12/31/07
      Discharged 04/21/08

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