Question

Im being sued by debt collection agency over credit card debt. I don't know what to do next?

I live in Oregon and I had this credit card that I owed $1,500 on 5 years ago. All of a sudden I get served today. Im being sued for $6,000 from a debt collector. I have 14 days to pay or demand a hearing or jury trial. If I don't do one of the three things mentioned the court will automatically enter a judgment against me! I cant afford $6,000 and I don't know what to do next? Im not working but my husband does can they go against him for the money? Should I get a lawyer? I have never been sued before. Im freaking out!

4 years ago - 3 answers

Best Answer

Chosen by Asker

I know you said 5 years ago, but you seem not sure. In Orgeon the statute is 6 years for a credit card, so it may actually be out of statute. You need to verify the account with them. Credit cards never go to jury trial. If someone is threatening you with a jury trial, they are most likely breaking the law.

Consult with an attorney right away. This may be an FDCPA Violation.

Source(s):

4 years ago

Other Answers

You should call them and work out a settlement. In any event you must file a proper answer by the deadline. You need an attorney to advise you and your husband on what they could do to him or his joint assets.

by General Custer - 4 years ago

Hire an attorney if you can afford done. Demand a hearing. Here is a guide that I made for being sued for credit card debt:

Send the attorney and the court a letter via Certified Mail with Return Receipt (NOT regular mail) stating:

Notice of Intent to Defend

I cannot officially respond to your claim until validation is made for the alleged debt. I am officially requesting validation of your claim, to include (this info will be requested at the court hearing):

- a copy of the original signed contract with my signature. A typed document showing an account number and balance due will not be accepted as validation.
- How much was this debt purchased for?
- Provide a fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated, including the interest rate being charged. Confirm that this rate falls within Oregon usury limits

This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped.
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Fill out the response to the court the best that you can. If you are asked if you Affirm or Deny the claim, mark "Deny" and mail that along with the above letter stating that you cannot affirm or deny the claim until the claim has been validated. Also mail this via Certified Mail with Return Receipt
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On the court date, DO NOT be a no-show under any circumstances whatsoever. People often make the HUGE mistake of not showing up because they think they’d loose anyway or because they can’t afford an attorney. Not showing up is the worst thing you can possibly do. Even if you are frightened....or you're sick with a 102 degree fever...or if you think that you'd loose, show up anyway! If you don't, the other side will get a default judgement and they will get this on THEIR terms. They will tack on all sorts of add-on fees and the amount of the judgment could end up being two or three times the actual amount of the debt. Even worse, the court could authorize maximum wage garnishment if you don’t show up to make your case to the judge, which can be as high as 25% of your wages.

IMPORTANT: bring complete documentation of your income and living expenses: Pay stubs and copies of bills. Even if you loose, you can use this to negotiate much more favorable repayment terms.

by CatDad - 4 years ago