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Breleigh & Mason
Help with letter to ppl suing me
I'm being sued by my credit card company for not being able to pay them. There are other people I'm not capable of paying, and I'm doing everything in my power, but I'm just not getting anywhere. I have to write them a letter, in hopes to get the lawsuit dropped, and be able to work something out with them. What should I write in this letter? Is there anyone who works in relation with this kind of thing that can help me? I really need help, and the last thing I need right now is a judgment against me. Please help 
Breleigh & Mason
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Re: Help with letter to ppl suing me
my thoughts exactly. it might be the only choice at this point. no judgment from me. i am so sorry you are going through this, but lots of people are having serious financial problems right now. i hope it gets better soon. sometimes bankruptcy is the best solution.
Google response letter template and copy one entering your information where necessary.
Most likely it will get taken to court regardless of what you write. Go to court and you will be able to make an arrangement with the lawyer.
Breleigh & Mason
Were you the nestie who posted the letter from the court?
My co-worker recieved papers for a civil suit from a creditor. She did nothing, never responded and it was dropped. Apparently most creditors don't get on the ball enough to actually see through the case and most are dismissed. Then again, I'm not an atty - so try posting this on Money Matters.
This is a good idea - they often have excellent advice. However, if you do go over there make sure you're willing to listen to what they have to say because they will probably have a lot of suggestions. Whatever you do, don't say "I can't do that, I can't do this, I already tried that, This won't work," etc etc, because that drives them crazy
Sometimes you can settle for pennies on the dollar. They might accept a tiny payment per month as long as they are getting one. I was told that even if you pay less than the minimum payment the company will see that you are trying and might cut you a break.
if they get a judgement they can garnish a percentage of your wages and/or put a freeze on your bank accounts. so don't just ignore it.
Have you asked about a hardship program or other help? Most companies will adjust your payments to be 1% or so of your balance which can cut your payments to 1/3 of what they were. Also w/settlements for the most part most companies won't settle for less than 50% of the balance.
What probably happened is that accounts run for certain amounts of time, rolling through levels of collections, until they reach a "charge-off" point, at which time the balance is due in full. At that time, they are able to attempt to sue you for the owed balance. while this may seem pointless, as one poster said, it means they can indeed garnish your wages.
First adn best advice....keep in very close contact. Skirting calls or getting angry w/them just makes them harder to deal with. Being honest and easily accessible makes them want to work with you. Second, ask for help. Third, accept the responsiblity for the debt owed. Ask for help to make it right....I promise you the help is there if you ask for it.
I am a debt collector. I do this to feed my child after my job being eliminated while I was 5 months pregnant and not having a job for 9 months. Don't judge...I am the nicest debt collector you'll meet....lol.
Possibly because it's not REALLY "being sued." A lot of collection agencies are masquerading as law firms, or law firms are taking on a lot of collection work, hoping to use the law as an intimidation tactic. I had a friend who had a pseudo-lawyer calling about a 15yo credit card debt from college, who convinced the girl's mom (she didn't live at home anymore but that was the last contact info they had) that she was going to go to debtor's prison if she didn't pay them. Seriously, debtor's prison, like we live in London in 1754.
This happened to me about 5 years ago for a small credit card debt I never paid in college. I turned around and sued them for disclosing the info to my mother, a violation of the Fair Debt Collection Practices Act (FDCPA), among other violations they committed (harassment, etc.). I won, the collection agency paid me about 8 times what the original cc balance was. And it was all removed from my credit report.
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I am a lawyer and, although I'm not licensed in Florida so I can't tell you the law there, I can tell you that ignoring this is the worst thing you can do. In each state, you have a certain amount of time to respond to a lawsuit. Where I live (and I assume in Florida too), if you don't respond, they can get a judgment against you without even notifying you.
Google "bar association" and your county (or state). Most bar associations can refer you to a legal aid clinic with lawyers who can at least give you a short consult on what to do. Others provide the forms you will need and basic instructions. You can try to work this out with the credit card company (and you should), but don't delay in responding to the lawsuit.
I used to be a creditor's rights attorney (we were so much better to deal with than the collection agency).
The worst thing you can do is ignore it. If someone ignored us, I'd file suit....and, if they ignored that, I'd get a default judgment against them. They might not have anything now, but the state where I practiced allowed us to collect on a judgment for 20yrs. Anything you might own in 20yrs was fair game. We also garnished wages, attached bank accounts and property.
Was the letter from a law firm? If so, you can call them. If the thing you got was an actual complaint, you can call the clerk of the court and ask them if they have a response form.
I know a lot of collection agencies threaten you with litigation. Don't be scared. It's nothing to be afraid of, as long as you respond. Generally, you'll go in front of the judge, explain your financial situation, and the judge orders a payment plan. We've had payment plans as low as $5./mo!
Good luck with everything. If you have any questions about papers from the court, call the court and they should be able to tell you what you need to respond. You can also try calling local law schools who might have legal clinics. This time of year, they might not be taking new cases, but it's worth a try for free legal services.