Q: I am not sure if I am being scammed or not, but I got served with a lawsuit this past week. It’s for a delinquent credit card debt that I do owe, but it seems to say that the credit card company itself is suing me. It’s a moot point, as I’m so broke that I’m moving back to Tampa to live with my parents. Can a credit card company sue you?
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You probably never imagined finding yourself being sued by a debt collector. Nobody ever plans to get into an amount of debt that they cannot repay, or at least keep up with over time. Unfortunately, for a variety of reasons, it can happen to anybody.
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American Express does not mess around when it comes to collecting on their delinquent accounts.
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Capital One Bank wants to know what’s in your pocket, and they’ve issued a summons to get it. There are a number of credit card companies who prefer the direct approach instead of farming out there uncollected balances to debt purchasers such as Midland.
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I never got the summons, but my boss told me that they might even garnish my wages. My boss says just to pay it off, that unless I have a bunch of paperwork it’s just not worth the fight.
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When you fail to appear, then the judge can issue a warrant that allows you to be arrested. So, in this way, you can be jailed for debt. What’s worse, is that unlike a criminal trial, you have no right to counsel in a civil trial, and these attorneys know that.
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Debtors have rights. You might not know it from the behavior of some debt collectors, but debtors have rights that are actual laws.
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So, does anyone remember that scam out of India where people were posing as IRS agents or debt collectors working for the IRS?
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When it comes to car repossession cases, keep in mind that the car you buy on credit is a co-owned car. You own part of it, and the creditor owns the other part. The creditor owns progressively less as you pay off the loan, and after the loan is paid the car is 100 percent yours – in this way a car loan is exactly like a mortgage.
Read More »You know the drill – the constant phone calls, letters. Bothering family members, even calling your job. Debt collectors act as if they are a law unto themselves, but I am here to tell you that it’s not true.
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