Showing posts with label Credit. Show all posts
Showing posts with label Credit. Show all posts

Monday, December 3, 2012

When A Summons for Credit Card Debt Is Unanswered

If a debtor fails to answer a summons for credit card debt within the given period (usually 20 days) junk debt buyers, collection agencies, and creditors will not waste time collecting the payment if they are awarded a default judgment.

If you are given 20 days to file an Answer to the summons for credit card debt and you failed to do so within the given timeframe, your creditor will start their collection efforts as early as the very next day they got a default judgment. These guys don't mess around either. Once a default judgment is awarded to your creditor, they have legal access to your bank account and garnish your wages.

Your creditor expects you to ignore the summons for credit card debt. They expect you to give up and hand over the payment for the debt you allegedly owe them. They expect you to not respond to the summons and hijack your bank account through the power of a default judgment. So the question is, will you allow your creditor to empty your bank account and garnish your wages?

If your state allows a certain percent of your wages to be garnished, you might receive an order from the court asking you to appear at a Garnishment hearing. However, your creditor will still discover where you work, how much you make a month, and dock your check at the highest percentage allowed in your state.

Though it can be quite disheartening to receive a summons for credit card debt, it is important to fight back and not let these bottom-feeders take whatever they get their hands on. Don't make it easy for them to win their case respond to the summons for credit card debt right away. This way, your creditor has no chance of being awarded a default judgment, which will give them legal access to your bank account, employment and personal information as well as put lien on your property or garnish your wages as repayment for the debt.

The key is to conduct as much research as you can about the steps you need to take in order to effectively defend yourself in court even without the help of an attorney. Of course, you still need to check local court rules even if you have an attorney representing you in court. Knowledge is power and you need to know what you are up against even if you are not defending your case Pro Se.

Introduction To Learned Treatise For The Rookie Expert Witness   Debt Collection Laws: Statue of Limitations Explained   Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court   Your Judgment Debtor   Legal Placement Services: The Difference Between Court Reporters and Paralegals   Filing Bankruptcy and the Automatic Stay   

Credit Card Debt: How To Avoid The Cycle of Debt

The numbers of people who are facing mounting card debts are on the rise. While it's true that credit cards have numerous benefits, it can cause one's financial situation to spiral out of control quickly if he or she is not able to use cards responsibly. Because credit card companies make it so appealing to enroll for a card via perks, bonuses, zero interest purchases and special privileges, more and more people are using cards much more than debit cards.

Multiple purchases lead to accumulated debts and with high interests, one can expect to pay more than he or she should. Skipping a single payment and you end up with a shocking monthly bill. In this article, we will discuss several ways to avoid getting trapped under multiple financial obligations brought on by credit cards.

Pay in Full, Pay On Time

Nothing beats paying your bill on time and in full to quickly get rid of accumulating interest on past purchases. On the other hand, if you do not have sufficient funds to pay off your bills in full, make it a point to pay above the minimum payment requirement. By lowering your outstanding balance, you improve your own credit score.

Read The Fine Print!

It's important to read everything you need to know before you apply for credit cards. Check the interest rates, grace periods, and the fees and charges that come with using the card. Stay away from credit cards that require annual fees. In addition, interest rates can be negotiated so it's best to inquire about this when you talk with your would-be creditor.

Check Your Monthly Statement

In some cases, card companies will increase without prior notice and for no apparent reason. To make sure you are updated all changes, check your monthly statement religiously. Even if you paid in full, you should always check for changes in the interest rates.

No to Cash Advance

No matter how tempting it might be, avoid taking out cash advance offered by your card company at all cost. Cash advance have higher interest rate with no grace periods, something that most cardholders are not aware of.

Avoid Using Your Card For Everyday Purchases

It's best to use cash instead of cards for everyday purchases like groceries, fuel, watching a movie, etc. Using credit card can become quite addicting if you use it every chance you get so if you have the funds, always use cash.

Introduction To Learned Treatise For The Rookie Expert Witness   Debt Collection Laws: Statue of Limitations Explained   Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court   Your Judgment Debtor   Multiple Judgment Debtors   

Credit Card Debt Relief: Tricks to Watch Out For

Facing credit card debts is challenging particularly at this time when the economy is at its worst. Unfortunately, some unscrupulous companies are trying to capitalize on this worsening problem, taking advantage of unsuspecting victims who are trying to find card debt relief. Essentially, all credit card debt relief scams offer the same thing, they promise people relief from debt later for payment now.

Several years ago, lump-sum debt settlement was the number one debt relief scam because fly by night companies charges exorbitant fees before their customers even pay their creditors, which is a step back towards better credit management. Thanks to new federal rules, formalized in 2010, it is now illegal to ask for upfront payments for debt settlement services. In this article, we will discuss various scams you should watch out for as you find credit card debt relief programs.

Redemption Certificate or Bond For Discharge of Debt

The Federal Reserve Bank and the Office of the Comptroller of the Currency has identified this credit relief program as a type of "fraud" because this may cause criminal liability to the debtor. So don't enter into any agreement without reading the contract or seeking the help of an attorney.

Arbitration Awards

Unfortunately, many credit card agreements still feature an arbitration clause in them. This clause states that you and your card company agrees to settle disputes with arbitration, not court action. This means you will be charged hundreds of dollars when you get an arbitration award from a licensed arbitration firm that says you do not owe any money on your account. Anyone who uses this strategy risks having poor defense for any potential court action.

Companies That Purchase Your CC Account and CC Debt

Some credit card agreement indicates that an account may be sold to another entity. However, because credit card debt are unsecured type of loan and being handed to a corporation, card banks will have no choice but to charge it off.

Novation

Novation refers to the substitution of a new contract for an old one or the substitution of a party in contract with the other party. The act of using the card under the new contract is regarded as the holder agreeing to the new terms and conditions. It's important to check the new terms and conditions as most card company use this type of agreement to trick you into not paying your bills without establishing a legal defense or dispute for doing so.

Introduction To Learned Treatise For The Rookie Expert Witness   Debt Collection Laws: Statue of Limitations Explained   Defense Against Credit Card Lawsuit: CC Statements Not Enough Evidence in Court   Your Judgment Debtor   

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