Question by Sam: Collection agency sueing for past credit card – in Texas?
Ok, so I screwed up big time in college and got a credit card my freshman year. During my last year I was pretty much living on ramen noodles and said screw the credit cards (stupid, I know) but it has finally caught up with me.
I found out that I am being sued (through one of those stupid “file bankruptcy” companies) and the amount is 3,330.22. At this point in my life, I am able to make payments towards this credit card… So here is my questions:
1. How do they serve me papers since they keep showing up at my parents house refusing to talk to my mom to get my new address.
2. How do I find out when the last time I paid my to see if the SOL affects this.
3. When I go to court, do I need an attorney?
4. I know in Texas they cannot garnish wages, but they can freeze bank accounts, should I be worried about this or am I ok since it is a joint account?
Sorry for the multiple questions, but this is a new (and hopefully last) experience for me!
Best answer:
Answer by Sgt Big Red
Question 1) they (the process server or court agent) can not discuss anything with another party other than you. Hence they can’t ask for your new address. When you say “they” is it an officer of the court or some bozo from the collection agency.
Question 2) Your credit report should show the date the debt was charged off or sold to collections. The SOL for Texas is 4 years, so if this debt was sold off or charged off over 4 years ago, the collection agency has no legal grounds to file suit.
Question 3) It would be advisable to hire an attorney but you can appear “pro-se” (represent yourself).
Question 4) Your right, they can not garnish wages. If it a joint account they would have to figure out how much is yours. You can simply move the account to an out of state bank to keep them from garnishment.
Now to my question, did this occur due to your hiring an agency to file bankruptcy for you. If this is the case, then this debt should have been listed in the bankruptcy. If you listed it and they failed to include it, then you may have legal recourse against them.
Hope this answers your question.
LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.
What do you think? Answer below!
Jefferson County's Chapter 9 bankruptcy petition can proceed, judge rules
By Barnett Wright — The Birmingham News Even though the county filed a record-setting $ 4.23 billion Chapter 9 petition in November, bankruptcy law requires the debtor to show it is eligible to file. The eligibility issue was the subject of hearing …
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Stockton could be largest city to file for bankruptcy
(KGO) — Tonight, a Central Valley town may become the largest city in the nation to file for bankruptcy. Stockton has been called the most miserable city in America. It's certainly taken one of the worst beatings from the housing crisis and now it's …
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Question by gotmini02: My ? about “Project Payday” got flagged yday. (Probably by someone who is profiting from this it). Who r they?
Have they answered any questions you have posted on “Yahoo Answers”? Here is how the operate: you ask a question on “Yahoo Answers” related to financial hardship, budgeting, or in my case, about filing for bankruptcy. “They”(the people working for Project Payday) respond to your question posing as happy users of Project Payday when in fact they are soliciting us! “They” tell us to follow a link to visit their website(Project Payday) while promising it will make us easy money. “They” use fake yahoo profiles and even tell us if we have any questions to just email them. Ha! Problem is, you can’t email them. Why? Because the profile “they” set up does not allow them to receive emails. Are you all getting the picture? “They” make their money based on how many of us “they” can lure to the “Project Payday” website using their own link. That link is very specific so “they” make a percentage of money when we sign up. HOW MANY TIMES HAVE “THEY” CONTACTED YOU? I have been solicited by “them” 3 times already. BEWARE!!!
Best answer:
Answer by Jon T
Technically it isn’t solicitation since the people you are referring to are just answering a question that you decided to place onto Yahoo! Answers.
That’s the whole point of a website like this. You ask something because you need information and the vast amount of members out there answer. In most cases, due to the large pool of knowledge, there is usually someone who can actually answer you or give some good advice. That’s they the whole best answer option exists. If you find that some particular advice was good then make it the best answer on your question and leave a comment as to why.
The question and answers provided in turn help many others who search the database when they have issues. But if there is an answer that you consider to be “solicitation” or not helpful then there is still no need to get worked up about it. Someone else might find it helpful or if it is truly solicitation then it should be removed by the Yahoo! Answers community or ignored.
In regards to Project Payday, I have answered questions about if it actually makes money. I have also left a link to the site for others to look at. It isn’t solicitation if it in response to legitimate questions having to do with the service.
By the way, it does work. I have made money with it myself. Here’s a link if you would like further information as to how it works:
http://www.projectpayday.com/go/1903260
What do you think? Answer below!
Global Aviation, US Troop Transporter, Files for Bankruptcy
6 (Bloomberg) — Global Aviation Holdings Inc., the biggest charter-flight company for US military troops, filed bankruptcy, saying it has too many planes, too much debt and spends too much on labor. Global, based in Peachtree, Georgia, listed $ 589.8 …
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County court judge files for bankruptcy
Dupuy filed for Chapter 13 bankruptcy Wednesday in the US Bankruptcy Court for the Southern District of Texas. Chapter 13 is called the wage earner bankruptcy, which is available to individuals who promise to repay as many debtors as possible from …
Read more on Daily News – Galveston County
Makers of Shakers vodka file for bankruptcy
Infinite Spirits Inc., of Blaine, filed the voluntary petition Jan. 5 in Minnesota division of US Bankruptcy Court. The first meeting of creditors was held Wednesday, according to the West Central Tribune (http://bit.ly/Akmvqg).
Read more on West Central Tribune
Rally to address possible bankruptcy filing by Christ Hospital in Jersey City
That sale is now scuttled, but on Tuesday groups will rally to address the hospital's announcement that it might file for bankruptcy. Save Christ Hospital will meet on Tuesday in front of Christ Hospital, according to the group's president, …
Read more on The Jersey Journal – NJ.com
Avenue stores file for bankruptcy but plan to stay in the plus-size game
BY JOAN VERDON The bankruptcy filing Wednesday by the Rochelle Park-based United Retail Group is further evidence that the plus-size women's apparel market is a difficult playing field. United Retail, which operates 433 Avenue stores — including seven …
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Several big names file for bankruptcy
The owners of Mama Lacona's Restaurant, a developer of a touted office complex in Windsor Heights and former Drake basketball star Dolph Pulliam have filed for liquidation of their debts under federal bankruptcy laws, court records show.
Read more on DesMoinesRegister.com
Question by : Why is everyone against bankruptcy?
Yes, I realize there are people who have a total disregard of their finances and just rack up bills, but what about those other people who need to file? How can anyone criticize anyone for not making enough money? Some of these people have 2 jobs and doesn’t take care of all their bills or the ones who have medical bills? I went to college and had student loans that I can’t pay back. My profession does not make a lot of money and everyone is created equal in how much their payments are which was not fair. So there are a lot of reasons why people fall behind their bills, because it is the inability to pay or unemployment, medical bills….Now, if maybe you are 10,000 in the rears, maybe you can go and consolidate your bills, but what about if you are over 50,000 in debt making 24k a year? Or maybe older person? Why is it that we do not complain that our government can’t budget their money and no one complains about that. Do we complain that corporations file bankruptcy? Lots of us did not want to bail out the car industry and said, “let them file bankruptcy.” Why is that acceptable? Who you yell at a person in public housing that they are poor?People commit suicide over this and don’t people get a second chance at starting a new life? If you own a car, and don’t agree with bankruptcy, then who should give up your car because Henry Ford filed bankruptcy and Walt Disney did also! Some people can not live in their means because of emergencies. “sorry, I guess I will not get treated for this disease because I do not have the money.” Can people lighten up on the bankruptcy thing? Besides, it is legal for a reason! What is your view on this touchy subject?
Best answer:
Answer by MadMan
I am not against bankruptcy. It is a legitimate part of financial planning. If companies can declare BK, then why not individuals?
Add your own answer in the comments!
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