A credit card story for those in need (credit card debt, debt, payment)

[Wild Style]

I have been reading stories about people having credit card troubles. I am not hear to judge anyone. My thing is, things are tough and people are losing their jobs. Anyone telling you to worry about a credit card payment when you need to feed yourself has Stockholm syndrome and I suggest you ignore their statements like you would a homeless guy trying to wash your windows on the street. Your health and well being comes first! Food, clothing and shelter. That is what man needs to live. Everything else can kick freaking rocks!

Anyway on to my story. We lived in this shady place and someone stole my wifes info and took a card out in her name. She got that taken care of and told me to check my credit. I didn't because at the time I was out of work and I now suspect I may have been suffering form depression. Being out of work for almost a year and a half will do that to you.

Anyway, in 2007 we get a letter from a court saying some company filed a complaint against us because of some imaginary credit card debt. Funny thing is, my wife and I NEVER had a credit card together. Well, I know the burden of proof was on them. Always remember that! Someone comes to you with something from the court, do NOT ignore it. If you do they will garnish your wages if they get a judgement. Regardless if the statue of limitations is up or if the debt is even yours or not. IF You have the money go get a consumer law attorny. Do not talk to any other sort of attorny. All attornies are NOT equal. One sort may be great at divorce letigation but he will know nothing about say medical malpractice.

Anyway, at the time I found it amusing so I did some research online. Specifically I looked up the bud hibbs site which has great info. So, we answered all these questions they submitted through the court. The answers were all the same. I deny this is my debt! I then followed that up with asking for proof that it was our debt via a signature of me and my wife signing something. The company went away for a year and a half. Then in January they pop up again asking for a quick judgement to garnish our wages. They provided with the court with some signature of some random guy from a bank saying it was indeed our debt. Well unfortunatly for them, that does not stand up in a court of law after you have asked them for specific proof such as a signature. Anyway, we write them and the court back denyig everything and again asking for proof. Now naturally they are going to ask for things like banking statments and the like. You must remember one thing, the burden of proof is on THEM, not you. So provide these scum bags with nothing! Now, after more investigation we started looking into how to apply for dismisal WITH prejudice because of a lack of evidence. Well I came across many people who said they didn't file the paperwork properly in court and as a result the judge gave the CC companies the judgement and garnishment started. NEVER MIND it wasnt their debt and proof was not given. Federal and state laws were being violated because of a lack of knoweldge. So I must stress this part, GET A LAWYER!

Well once I realized I was in over my head we ran and got a lawyer. The lawyer we choose looked at the filings we did, laughed and said this is going to be easy and with in five days the case was dismissed WITH prejudice. But again in the end you will need a lawyer. Ours cost us a little under 1,000 dollars.

Now if the debt IS yours but the statute of limitations is up (it varies from state to state) then IF you don't have the means to pay back then you have nothing to worry about. They can't do anything to you. Get a good lawyer, make sure his track record is good and do research so you understand the jargon they will throw at you. If they sound legit and have won cases then hire him/her. Make sure if the case is dismissed that it is dismissed WITH prejudice which means they can not come after you ever again.

For some of you who are thinking of running away just remember this. If you leave the state the credit card was originally opened in, the statue of limitaitons resets and they have another four years (or whatever the statute of limiations is in your area) to come after you.

If you have the money and you are in tons of debt just do a bankruptcy before things get out of hand. I personally know people who have gone into bankruptcy. They were able to get homes, credit cards, cars and whatever else after the bankruptcy. Granted they couldn't do any of that right away but eventually as time went on they could/did. It isn't like the bankruptcy will end life for you. It will place a stigma on you but hey, these are tuff times and you must do what you need to do. So do not let pride get you in a bad situation. As the saying goes, dont cut your nose to spite your face.

I don't post this to encourage people to skip on debt or for them to be irresponsible. I post this to show those in need there is hope if you get in trouble weather it be through no fault of your own or not. As I said it does happen where people get in trouble and its not even their fault. I can post 10 stories that show just this fact and they are all true.

Don't worry about those on this forum who have these silly things to say about paying your debt or do this and that. Let them worry about themselves, you worry about taking care of yourself. I don't feel bad for banks, they are greedy and the banksters helped put the world in the situation it is in now.

If you are able to clear your situation up I urge you to get rid of credit cards. I personally don't like them and dont own or use one. I have a very nice place to live and have no problem getting the things I need. You don't need a CC to build up your credit and they are unjust tools with unjust rules. Spend what you have in your pocket and if you don't have it then guess waht? You don't need whatever it is you think you need.

Cheers and best of luck to all. If anyone needs help feel free to DM me, I don't usually come to this forum so probably wont see any replies. Through all my research during our ordeal we found tons and tons of sites to go to for help and inforation and would be more than willing to share it with you guys if needed.

Cheers

[Houston3]

"I don't usually come to this forum so probably wont see any replies."

4,741 posts, read 2,310,089 times

???????????

[nuala]

Originally Posted by Houston3

"I don't usually come to this forum so probably wont see any replies."

4,741 posts, read 2,310,089 times

???????????

He means this, Business, Finance, and Investing forum. He may graze on other forums. Anyway, seems to be a sincere guy.

[texdav]

I am not sure waht he expects people to sayreally. he had a problem and it got solved and the bigest comment is another Idenity theft problem.

[Wild Style]

Originally Posted by Houston3

"I don't usually come to this forum so probably wont see any replies."

4,741 posts, read 2,310,089 times

???????????

the Business, finance and investing forum

Originally Posted by texdav

I am not sure waht he expects people to sayreally. he had a problem and it got solved and the bigest comment is another Idenity theft problem.

There is nothing for people to say.

What I posted is so people have a idea of their rights. I read some of the threads here and a lot of them were utterly stupid as far as telling people what they should or shouldn't do in relation to their rights. I hope people can have a idea that there is hope and that they can get help. Even if the debt IS theirs. If the statute of limitations is up then they are no longer liable BY LAW for those debts. Now if they want to pay those debts because they feel some moral obligation they can. However if they don't have the money to pay off all the debt, get a lawyer and have them fight it.

Cheers.

[ivanabacowboy]

I do not believe this statement is true.

If you leave the state the credit card was originally opened in, the statue of limitaitons resets and they have another four years (or whatever the statute of limiations is in your area) to come after you.

[Wild Style]

Originally Posted by ivanabacowboy

I do not believe this statement is true.

If you leave the state the credit card was originally opened in, the statue of limitaitons resets and they have another four years (or whatever the statute of limiations is in your area) to come after you.

Research,

do it.

Now I am not sure about your state. But here in Florida it resets if you leave the state. I just finished with this mess and did a ton of research. Try googling "bud hibbs". he has a site with excellent info and he even links to state laws in your area as they pertain to CC debt and prosecution

[berdee]

Originally Posted by Wild Style

Research,

do it.

Now I am not sure about your state. But here in Florida it resets if you leave the state. I just finished with this mess and did a ton of research. Try googling "bud hibbs". he has a site with excellent info and he even links to state laws in your area as they pertain to CC debt and prosecution

I have to disagree with what you say about resetting of SOL.
It is possible that the SOL may be reset if the debtor signs a written agreement to pay the debt, depending on whether a particular state actually allows it. In Florida, the SOL cannot be reset unless the debtor signs a written agreement acknowledging and agreeing to repay the debt, which in effect creates a new debt with a new SOL.

What you are talking about is called Tolling of the SOL. That might happen...if you leave the state while in a coma...but not just by leaving the state. Simply put, as long as you are able to be served, the SOL doesn't toll.

There are two ways in which the SOL can react when tolled, depending on the state's laws. First, it could either pick up from where it tolled, bypassing the months that it was tolled, and then run through to the finish...or it would pick up from where it tolled and finish running including the months that it was tolled. In that case, if the SOL would have passed while it was tolled, it would then be past SOL after tolling stops.

Also, many states have borrowing statutes. If you move to a state that has a borrowing statute, and the SOL had passed in the state you moved from then you could claim the SOL as an affirmative defense in your new home state even if their SOL wouldn't have expired yet.

For example, you live in Colorado. Co has a 3 year SOL that begins from the cause of action. If you move from CO. to FL and the debt is past the 3 year SOL, but not past the 4 year SOL for FL. then you would be able to use the borrowing statute from FL. to claim SOL.

[Wild Style]

Originally Posted by berdee

I have to disagree with what you say about resetting of SOL.
It is possible that the SOL may be reset if the debtor signs a written agreement to pay the debt, depending on whether a particular state actually allows it. In Florida, the SOL cannot be reset unless the debtor signs a written agreement acknowledging and agreeing to repay the debt, which in effect creates a new debt with a new SOL.

What you are talking about is called Tolling of the SOL. That might happen...if you leave the state while in a coma...but not just by leaving the state. Simply put, as long as you are able to be served, the SOL doesn't toll.

There are two ways in which the SOL can react when tolled, depending on the state's laws. First, it could either pick up from where it tolled, bypassing the months that it was tolled, and then run through to the finish...or it would pick up from where it tolled and finish running including the months that it was tolled. In that case, if the SOL would have passed while it was tolled, it would then be past SOL after tolling stops.

Also, many states have borrowing statutes. If you move to a state that has a borrowing statute, and the SOL had passed in the state you moved from then you could claim the SOL as an affirmative defense in your new home state even if their SOL wouldn't have expired yet.

For example, you live in Colorado. Co has a 3 year SOL that begins from the cause of action. If you move from CO. to FL and the debt is past the 3 year SOL, but not past the 4 year SOL for FL. then you would be able to use the borrowing statute from FL. to claim SOL.

again, your wrong. Do the research.

[berdee]

Originally Posted by Wild Style

again, your wrong. Do the research.

Nope, not wrong. Since you didn't specify which part you thought I was wrong in, which I'm guessing is all three things I'd mentioned, then I will cover all three.

For tolling, every state has similar statutes to the following statute. Since we are speaking of Fl. than this is the FL. statute that backs up what I said about tolling:

95.051 When limitations tolled.
Paragraphs (a)-(c) shall not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant the relief sought.

In simple language, if legal service can be made in any state by publication or by mail to last known address or by proper service to any new address then the SOL cannot be tolled.


On to the re-setting of SOL in FL.:

95.04 Promise to pay barred debt.
An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.


And lastly, the FL. borrowing statute:

95.10 Cause of action arising in another state.
When the cause of action arose in another state or territory of the United States, or in a foreign country, and its laws forbid the maintenance of the action because of lapse of time, no action shall be maintained in this state.


I've been aware of Bud Hibbs for many years and he is pretty good at what he does, for the most part, and it appears that he is a good advocate for many. But, the info on his site does not take the place of researching, and understanding, your own states laws and/or federal laws.


eta
I reread your first post and I wanted to edit to say that even though I disagreed with a few things that we've later discussed, and one that we hadn't which is to get rid of credit cards (which could be a whole other post), the majority of what you had written is solid and could be beneficial to those who are facing those problems.