Being sued by a Debt Buyer

[ftf35]

I don't know I am in right thread to ask questions, please pardon me if so. I got letters from law offices in TX saying they saw that a Debt Buyer sued me but still have to wait for the paper to be mailed or handed to me?

My husband wants me to show up in the court, but would somebody know what is my chance of winning this law suit if I know for sure that i defaulted 2 Citi cards in 2008, bad part the other card was bought by another Debt Buyer, so I might be just waiting for that day too they're going to sue me. Could somebody share some insight if I need to file a BK or just let a judgement go.

We are below 150% of poverty guidelines and my bank account has only enough money to pay a little portion of my other debt. My husband and I has a joint account that he use for a direct payment for his car loan. Will he be affected by a judgement too? Please help... Thank you.

Ops... if in case it might help I summed up my debts $22,000, (the amount went up really high because the DB are also charging interest) I have 4 cards that I continue paying even if I don't pay the whole minimum just never late because that's all I can afford after cutting every expenses to the max to be able to come up with a little change.

[AngelinaCat]

Hi ftf35

Welcome to the Forum. I moved your post into a thread of its own, where it will be easier for people to see and respond to. I also broke your post into paragraphs so that it is easier to read.

I know you are concerned about being sued by these junk debt buyers, but could you explain more of your financial situation? 22K in credit card debt is not a lot of debt to use a bankruptcy filing for. Especially since, you cannot file BK again for eight years after the first filing.

Good luck to you!

[AngelinaCatHub]

I don't know I am in right thread to ask questions, please pardon me if so. I got letters from law offices in TX saying they saw that a Debt Buyer sued me but still have to wait for the paper to be mailed or handed to me? If you have not be properly served papers by a bailiff or process server, you are not sued. How do you know if this pending suit?

My husband wants me to show up in the court, but would somebody know what is my chance of winning this law suit if I know for sure that i defaulted 2 Citi cards in 2008, bad part the other card was bought by another Debt Buyer, so I might be just waiting for that day too they're going to sue me. Could somebody share some insight if I need to file a BK or just let a judgement go. Again, if you show up without receiving a summons, you void an important weapon of improper service. Never avoid a hearing but if you are not served properly that is a defense and buys time.

We are below 150% of poverty guidelines and my bank account has only enough money to pay a little portion of my other debt. My husband and I has a joint account that he use for a direct payment for his car loan. Will he be affected by a judgement too? Please help... Thank you. If they sue you, he is not sued. Will it affect him? Of course it does but not legally. However what you own and he owns by marriage is jointly owned.

Ops... if in case it might help I summed up my debts $22,000, (the amount went up really high because the DB are also charging interest) I have 4 cards that I continue paying even if I don't pay the whole minimum just never late because that's all I can afford after cutting every expenses to the max to be able to come up with a little change.

I did not notice if you had previously filed BK as my Mrs. implied. If you are going to BK, stop paying EVERYTHING that is not secured debt. Avoid preferential payments and save that money.

Also note, that from what you stated, if you were to get a Judgment, you are probably not collectable and will lose nothing as you would be exempt of most things. Check your States exemptions as well as Statute of Limitations on those old debts. Say nothing over any phone. Write nobody about your alleged debts. 'Hub

[IamOld]

Also, if you alone are being sued, your husband should have a bank account in his name only, because that cannot be touched in a judgment - that way you can put your money there as well.

For Texas residents, the www.buddhibbs.com website may be especially useful.

[HHM]

Note, if you are in Texas, and were married at the time the debt was incurred, both spouses can be liable.

[bcohen]

If you are as poor as you say you are, and living in a state where wages cannot be garnished for consumer debts, then I am incredulous that anyone would sue unless, of course, you have real estate titled in your name. Are you sure you've actually been sued, and that the JDB isn't just making idle threats to dupe you into paying a debt that they won't be able to force you to pay--even with a judgement?

[ftf35]

Thank you all for the replies. I never had a BK and this is my first time being sued either. When I opened and used those cards I had a full time and a part time job and also hubby made more than what he is making now. But after my persisting back ache problem started I had to let go of my full time job because its causing my pains and after got pregnant and had a baby so I have to stop my part time job also. What is really helping us now are my sisters, since I am used being poor I don't need anything except for foods for 4 of us. I really don't want to file BK but it really dragging me down that is why I want to know if they could really ordered me pay with a judgement even if I don't have anything. Back in February i got a letter from a law office saying that they are retain by a JDB to start with the process so maybe they really sued me because I got another letter today from a law office saying the same thing, they saw that I am being sued by a JDB so they want to represent me. Just like what you have said I'll just wait until they serve me and then will come back here and ask for more questions. Thank you.

[AngelinaCatHub]

Thank you all for the replies. I never had a BK and this is my first time being sued either. When I opened and used those cards I had a full time and a part time job and also hubby made more than what he is making now. But after my persisting back ache problem started I had to let go of my full time job because its causing my pains and after got pregnant and had a baby so I have to stop my part time job also. What is really helping us now are my sisters, since I am used being poor I don't need anything except for foods for 4 of us. I really don't want to file BK but it really dragging me down that is why I want to know if they could really ordered me pay with a judgement even if I don't have anything. Back in February i got a letter from a law office saying that they are retain by a JDB to start with the process so maybe they really sued me because I got another letter today from a law office saying the same thing, they saw that I am being sued by a JDB so they want to represent me. Just like what you have said I'll just wait until they serve me and then will come back here and ask for more questions. Thank you.

you are NOT being sued at this time. Papers must be filed, a demand letter sent (which this letter could be or just an idle threat. If it says upon the letter "this is an attempt to collect a debt" it is just trash until you get served.) The fact that another vulture wants to defend you just shows they are out to make money on you. Fat chance, right?

I am not saying you won't get sued, but if you do, you are in a good state for exemptions from all kinds of levies and attachments. No body is "Judgment proof" but sounds like you certainly are collection proof. Always answer your hearing if you are served. Don't ignore it and you can also represent yourself. It is not difficult. I really doubt that they will waste the money on a non collectable debtor. 'Hub

[JackBondLove]

I am confused. The law office that wrote you said that they saw this suit filing. Is that law office representing the debt buyer? Or maybe that law office is looking for business and simply looks at all the court cases and cold calls the defendants offering their services?

[ftf35]

I got served today, could someone please help me answer this summon? I am completely lost and a lawyer is really no go for me, I can't afford it. If it says on citation, file a written answer by 10 am on the Monday next following the expiration of ten days after you were serve, is that by October 3rd? If I go to court, what do you think would be final judgement? Will the judge grant them the full amount they want, including legal fees and the interest? I really have nothing to pay them until I start working again which maybe for another 3 to 4 years, when my baby will start school. Please help...

[ConsumerAtty]

Have you checked the court records to determine if you have in fact been sued? If so, have you been served with the complaint and summons?

[ftf35]

Have you checked the court records to determine if you have in fact been sued? If so, have you been served with the complaint and summons?

Yes, I was served today by a person.

[ConsumerAtty]

Sorry, didn't see the last post! If you do not file a written answer, a judgment may be taken against you by default. You also may be entitled to demand arbitration if there is a valid arbitration agreement. If you desire legal services, you may be able to find a charity providing free legal services to the poor.

[GoingDown]

Fighting the lawsuit in court may buy you some time, but in the end, they will probably win the lawsuit and get the judgment against you anyways, since this debt is not the result of identity theft or something like that.

Rather than wasting my time and money doing that, I would prepare for the coming judgment by making yourself as judgment proof (collection proof) as possible.

Stop using a checking account. It is not a safe place for your money once someone files a lawsuit against you. Use cash and money orders to pay for most things from now on.

Cash your paychecks rather than depositing them.

If that is not possible, then have them direct deposited to a pre-paid debit card, and promptly pay bills, buy needed items at the store, and then remove any remaining money from the card, so there will be nothing left to take.

Don't talk to these people on the phone. Don't give them any information. They'll just turn around and use it against you later on.