Anyone gone to court for credit card debt b4 ?
Answer:
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Maybe if you go, the judge will at least reduce what you owe, or give you longer to pay it off than if they get an income judgement against you. Worse, if you don't go, they may just go straight for putting a restraining order on your bank accounts, so that you can't touch the money you owe them, and they double it, so they would actually put a hold on 1500 dollars until you pay the debt off or one year whichever comes first.
If you do not go the judgemnet will be in favour of the credit card company. If they know where you work your employer will be contacted and made to garnishee your wages or pay a fine. The only way to get out of that would be to pay a large fee and petitieon the court to reduce the payments. This will take weeks and meanwhile you will be paying through the nose.
Go to court and plead your case with the judge. You will get a better deal that way. It will not go away!
Ask (in an affadavit) for the Lawyers "Proof of Claim" . Or better yet study the laws of Banking and Credit. Also study info on your rights in Commercial Process. You have 72 hrs in all contractual events to either accept their (proposal - ie. The Lawyers want to take you to court) or not accept their proposal. Make sure you get there Proof of Claim from the Lawyers as well as from the credit card co. If you live in Canada, this is section 39-1 of the (copyrighted) Canadain Criminal Code. I suggest you read the criminal code (section 37-45) . All parties must produce (absolute) "Proof of Claim" . In the case of the Credit Card co. ask them to produce (3) very important documents. 1) The bi-lateral contract that shows a binding contractual agreement between both parties. 2) Where did they recieve the credit to issue you for the credit card ( who's name is the principal on the credit bond?) 3) You want the Credit card co. to produce their Accounting books to prove a loss!
Ask them to do this all under the penalty of purjury . . . in a court of law. Oh and also ask them for each individuals that would like to speak with you for their Proof of Claim as to the Authority they might have over your personal property (your address, your name, your documents, etc.)
You have Authority over your own personal information, by your Certificate of Live Birth and your (government owned) Birth Certificate. Your name and everything in your possession is your property to managed responsibly and without interference from outside parties that have no Authority over your personal property.
Remember, Collection agencies are 3rd party Interlopers and do not have a signed contract with you. Tell them where to go by mailing a REGISTERED Letter to the president of the co.. Do not talk to them on the phone or answer any mail, for if you do they have now binded you into contract (72hrs). You must send them the registerd letter frist notifying them that they will face legal repurcussions for interferring in your commercial affairs.
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