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    Curious on aftermath of not paying credit cards...

    Hi guys/gals I stopped paying for my credit cards because I'm filing for BK, however I was curious what if someone stopped paying for there credit cards and didn't file for BK? I know it would be sent to collections etc and they would hound a person. But what else can they do to get there money? Don't they hired a lawyer to come after a person? I heard that the credit laws stating that credit card or collection gets deleted after so many years?
    Discharged: 12/23/2008

    #2
    If you stop paying your credit cards, at some point, someone will likely sue you. When you will be sued depends on many factors, some people get sued as soon as 6 months after the initial default, and some people can go as long as 4+ years before being sued.

    Your credit will ultimately be screwed...active collections do not just "drop off" your credit report.

    Comment


      #3
      Originally posted by sguerra923 View Post
      Hi guys/gals I stopped paying for my credit cards because I'm filing for BK, however I was curious what if someone stopped paying for there credit cards and didn't file for BK? I know it would be sent to collections etc and they would hound a person. But what else can they do to get there money? Don't they hired a lawyer to come after a person? I heard that the credit laws stating that credit card or collection gets deleted after so many years?

      And after they sue you and win a judgement, they can garnish your wages and your bank accounts.

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        #4
        you never know. I filed 3+ years after not paying 60-70+ in credit card debt and never got sued....my brother got sued by discover on 1500 only 6 months of not paying. ( I owed discover way way more than that!!

        There is not rhyme or reason.
        Chapter 7 Pro Se....Discharged Feb. 2006

        Comment


          #5
          Originally posted by HHM View Post
          If you stop paying your credit cards, at some point, someone will likely sue you. When you will be sued depends on many factors, some people get sued as soon as 6 months after the initial default, and some people can go as long as 4+ years before being sued.

          Your credit will ultimately be screwed...active collections do not just "drop off" your credit report.
          Has anyone or known someone that got sued for not paying their credit cards and what happens when credit card companies sue? Do they come knocking on the door? Phone calls? Do they have the authority to garnish wages and bank accounts because of non-payment for credit cards?
          Discharged: 12/23/2008

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            #6
            Capitol One came after me!

            Capital One sued me after not paying for about 8 mos. They added thousands in fees. They tried to garnish me, but I was self employed and not working due to illness.

            They called every day, all day long.

            The sheriff appeared on my doorstep with the papers telling me I was being sued.

            Because I didn't have the money to pay them, they ended up getting a judgement. The sheriff visited again with another set of papers.

            When we sold our house, most of the profit went directly to them.
            Last edited by twinsplus14me; 04-22-2008, 11:04 PM.

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              #7
              If you don't pay any bill, you are in breach of contract. When you sign up for any credit card, you are provided a laundry list in a pamphlet or other form indicating what is agreed upon between both parties (you and the creditor). I know, many folks don't want to or like to read small print but in all that verbiage is what they can do if you don't pay your bill and the process under which the entire thing may fall. If you have that information on your credit cards, pull it out. It will have all the information you need.
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                Originally posted by sguerra923 View Post
                Has anyone or known someone that got sued for not paying their credit cards and what happens when credit card companies sue? Do they come knocking on the door? Phone calls? Do they have the authority to garnish wages and bank accounts because of non-payment for credit cards?
                They might knock on your door prior to suing you. Take it from me, if the creditor is local, they can assign a local "collections person" to go to your house to talk to you face to face and are allowed to take payments from you on the spot. In my opinion it's different from ignoring calls or notices in the mail because you might get caught off guard.
                Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
                341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
                Case Closed 07/15/2009 :D:yahoo:

                Comment


                  #9
                  Originally posted by sguerra923 View Post
                  Has anyone or known someone that got sued for not paying their credit cards and what happens when credit card companies sue? Do they come knocking on the door? Phone calls? Do they have the authority to garnish wages and bank accounts because of non-payment for credit cards?
                  They can have someone come to your house to issue a summons to appear in court because they are suing you.

                  They can garnish your wages.

                  IMO, I would rather file BK than to go through all that.

                  Comment


                    #10
                    Originally posted by Cali View Post
                    They can have someone come to your house to issue a summons to appear in court because they are suing you.

                    They can garnish your wages.

                    IMO, I would rather file BK than to go through all that.
                    What if a person doesn't have wages to garnish? what does a creditor do from there? And summons that person to appear in court and doesn't show up?

                    Yeah filing for BK is the only hope and thats what im doing.. but I heard cases of people just letting it go and not doing anything about it and hidding out what if they can't find that person?
                    Discharged: 12/23/2008

                    Comment


                      #11
                      When we went for a debtors exam

                      my husband asked the creditor rep what happens to all the people that didn't answer the summons and come to court (there were several). She said they get a warrant and the sheriff picks them up. Not a situation I want to be in.

                      Comment


                        #12
                        Originally posted by twinsplus14me View Post
                        my husband asked the creditor rep what happens to all the people that didn't answer the summons and come to court (there were several). She said they get a warrant and the sheriff picks them up. Not a situation I want to be in.
                        That is absolutely false. A judgment, by itself, does not entitle the plaintiff to seek a civil warrant.
                        Consider the source, the "creditor" told you that.

                        However, if the creditor seeks a "judgement creditors exam" and the debtor fails to show, only THEN can the plaintiff get a warrant.

                        Comment


                          #13
                          Wow...I'm sure glad I found this board!

                          It's truly amazing the amount of info and support this board has given me already. I'm grateful for it all.

                          I'm sure I'll be leaning on you guys more and more after we file. Thanks for all the info/advice!

                          You're right. Why should we believe anything they tell us? (creditors)

                          Comment


                            #14
                            Originally posted by sguerra923 View Post
                            Has anyone or known someone that got sued for not paying their credit cards and what happens when credit card companies sue? Do they come knocking on the door? Phone calls? Do they have the authority to garnish wages and bank accounts because of non-payment for credit cards?
                            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.
                            Last edited by sisterfunkhaus; 04-28-2008, 10:13 AM.
                            Filed 4-21-2008
                            7/16- DISCHARGED!!!!

                            Comment


                              #15
                              Originally posted by sguerra923 View Post
                              Has anyone or known someone that got sued for not paying their credit cards and what happens when credit card companies sue? Do they come knocking on the door? Phone calls? Do they have the authority to garnish wages and bank accounts because of non-payment for credit cards?
                              Depends on what State you live in. Here in Texas there are NO garnishments of wages for judgements. I also believe they may go after your bank accounts (they have to find them first) however if they do, you have recourse for that. How did they find your account (remember that information is PRIVATE) and you need to find out who gave them that information.

                              Ian

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