I've been served regarding an unsecured credit card. It's within the four years here in Texas. My question is - if they get a judgement: 1. Does the justice of the peace have to give them all the money they want (filing fees, attorney and interest) or does he have the right to lower it to the orginal amount? 2. If I recieve a judement - does all interest stop and I just owe that amount. 3. If I have no assets, except a car that the bank owns - what kind of judgement/lien can they get. 4. If a get a judgement - can I pay it out and who determine a fair amount (because the credit cards refused to work with what I could pay.
Optional Information: Joshua, TexasAlready Tried: just answer - but then thought of more questions
Hello,I noticed you have been working with another expert. Would you like me to forward the question to the expert you've been working with?Thanks...Mike
Reply to P-Leagle's Post: I would like an answer now if possible, since I'm off and worrying about it now.
Hi,If you would allow me to ask one question first, I would like to see your response before I go further as I was reviewing your lasts posts.Are you aware that if this is indeed just credit card debt, you don't have to do anything? The only problem you will face is a judgement that will go on your credit report.That's the only damage you will suffer, and if that is not an option, can you tell me why?I will gladly answer your other questions as well.Thanks...MikeP-Leagle39266.1021015393
Experience: A.A. Paralegal Studies Experience in Real Estate,Internet Law,Contracts,Tax & Biz Startup,DUI
I got served court papers and when I called the attny that the credit card company is using they made out like I was in big trouble and then the JP court sent me a notice to appear.
Hi Customer,I see that you have gone through all the trouble of trying to file an answer to this the papers served on you, and that is where I get lost. Has the other expert seen these papers? If this is just credit card debt, I don't see that happening unless we are talking a lot of money. I never did see an amount but if it is less than 10,000, I would seriously need to take a look at those papers served. Something doesn't sound right to me. And also, you still may work with the other expert as well, as I will leave this open, and she may know more than I do regarding details to your case. So how much is the debt they are claiming you owe?Thanks,Mike
$2,000 and then they want 2200 in interest, 385 for attorney fees and all court cost. No one has asked to see the papers but I was served that they were suing me.
Hi Dana,Okay the worst thing that can happen even if these papers are for real (and I am thinking they may not be, just not sure) is that they obtain a judgement against you.I agree with the other expert that credit card debt cannot cause a lien on any property, and even if it could, you have no property except a car, that you owe on. Last question.How much will the judgment on your credit report actually hurt you? Are you willing to wait it out 7 years, and live with bad credit? If your credit is immaculate, you want to save that, as it has value. If your credit is not so good, or somewhere in the middle, you have to weigh all the time you spent, and all the effort, then realize you still may lose in court, and the judgement is on your credit report any ways.So that is what it comes down to as I see it. You need to weigh the effort you are making against a judgment that may still be entered against you, versus, doing nothing, losing no money, and only damaging your credit. That all goes away eventually. I would like to review the papers sent to you if you will provide them.You would just XXXXXXXX@XXXXXX.XXX and let them know you want to fax some papers to me.Please let me know.
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So if they get a judgement against me. That is all they can do. They were saying they could garnish my wages, etc. My credit is screwed from medical bills, which is what my credit card was used for.
Hi Customer,That is precisely why I would like to see the papers sent to you. I just do not think this is possible. There are credit collection companies out there that do things that, well, I sometimes wonder why they are not in jail. Some are actually. I will have to see the papers before I can really give an opinion on what they can actually do. As I said, this doesn't sound right to me at all. And thanks for letting me know of your credit situation. It's already bad. Now you can get this past you and start rebuilding your credit. I just have to see the papers before I can make that such a determination.
I email the info@justanswers for the fax number and then I will fax them over. I can not thank you enough for taking the time to look them over. Do I hit accpet now or wait for you to get the fax?
Hi Dana,That is up to you regarding the accept. I look forward to seeing the papers. Hopefully I will have them soon, and get this all straightened out for you.
Hi Dana, I just received word that you do not have a scanner? Are you able to fax directly to a fax machine?
they are on the way.
Okay Dana,I will look them over and give you my opinion sometime tomorrow. I most likely will have to make some calls to those folks.
Hi Dana,Just wanted to know I went reviewed your documents, and thoroughly researched the matter.I think you'll find my response favorable. I'm a just waiting for one more person to get back to me. I should have a response by 8:30 PM PST tonight, July 3, 2007Thanks,Mike
Hi Dana, Well, I did some research and found what I suspected. This is merely scare tactics by a debt collection agency. I cannot even state whether those documents ever reached a court. It is highly doubtful. This company bought the debt from Capital One at a discounted price and this is very common practice. A company that buys the debt already assumes it is not fully collectible. Therefore, they try to recover an amount beyond what they paid for the debt. Of course, they start with the original amount, and then entice you with lower amount "settlement offers" that affect your credit the very same way as not paying at all. So, ignore them. This company is also actually doing business as Household Recovery Services Corp. Feel free to do an Internet search. Additionally, by my count, the court date was on or before 10:00 AM Monday, TODAY. Then they graciously extend the date to August 1, 2007 asking that you sign a form that you agree to the settlement amount? Sound fishy? It is. Any response by you will tell them you are willing to work with them. You are not. If they call you, hang up. You need only change the form letter below and mail it as is shown below. SAMPLE Cease Communication Letter SAMPLE Send the letter via certified mail with a return receipt request. Obtain PS Forms #PS3800 & PS3811 from your local Post Office. Keep a copy of the letter for your files. Send out the letter within thirty days of the first contact by the collection agency/ collection attorney. The law applies to both the agency and to attorneys who collect two or more debts per year. They are allowed (under law) to contact you one time, after receipt of the letter, to notify you or their intent. Debt buyers (scavengers) are subject to the law in spite of their assertions that since they bought the debt, they are not the collector. WRONG!!! They ARE a debt collector, subject to the law. Send the letter, it is legal and it works. Your Name Your Address City, State, Zip (Sent via CERTIFIED RETURN MAIL #123 456 789 with RETURN RECEIPT) Date: XYZ Collection Agency/Law Firm XXXXX #100 Any town, USA 10021 Re: File #0000000 - ABC Bank - #4445566778899000 -For: $5555.55 Dear Debt Collector /Debt Collector Attorney: This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association. I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant. You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves. Sincerely, XXXXX NOTE: This is an attempt to make a debt collector obey the law. Any information obtained, will be used for that purpose. -- If harassment begins to get out of control, you can find many lawyers wiling to sue this company, try this firm The following are problems I found with the documents, and why I believe they may not be legitimate. 1) State is wrong. AT is not Arkansas 2) Parties in the Pleadings do not match. Parties in a pleading have to be a duplicate of the original. 3) Some left addresses out, and just mentioned part names. That does not conform to Texas Rules of Court. 4) The attorney who signed the documents did not come up in a search from the Arkansas State Bar website attorney license search. Here is a list of cases filed in Federal Court against the two primary attorneys: Name Court Case No. Filed NOS Closed 1 HOSTO & BUCHAN LAW FIRM aredce 4:2007cv00045 01/19/2007 442 Altheimer v. Hosto & Buchan Law Firm 2 HOSTO & BUCHAN PLLC aredce 4:2003cv00497 06/26/2003 890 07/25/2003 Williams, et al v. Barber McCaskill, et al 3 HOSTO & BUCHAN PLLC txndce 4:2004cv00841 11/15/2004 890 01/19/2005 Chriesman v. Hosto & Buchan PLLC 4 HOSTO & BUCHAN PLLC aredce 4:2006cv00919 08/02/2006 890 09/07/2006 Unifund CCR Partners v. Peak 5 HOSTO & BUCHAN PLLC aredce 4:2003cv00993 12/17/2003 440 12/15/2004 Carr v. Lake Village Police, et al 6 HOSTO & BUCHAN, P.L.L.C. txedce 9:2005cv00202 10/19/2005 480 03/08/2006 Augustine v. Hosto & Buchan, P.L.L.C. 7 HOSTO & BUCHAN, P.L.L.C. arwdce 5:2003cv05178 08/06/2003 890 12/16/2003 Hooppaw v. Hosto & Buchan Convinced yet? :-)Best of luck to you...Now you can start rebuilding your credit.