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Old 10-25-2007, 06:20 PM   #1 (permalink)
christy
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i live in georgia, i have been sent a letter from a attourney from a judgement of a old

credit card, saying? he will file a fi fa agaist me. can he take my car its old . can he take my personal blongings? clothes furniture? i have no real assets. please answer soon. thanks
 
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Old 10-25-2007, 06:21 PM   #2 (permalink)
SPIFIMAN1
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Don't panic.

Did you go to court? Was a judgment really issued?

Credit card are considered open accounts, look up the State you lived in when you quit paying this card and see what the statute of limitations is on the link I posted at the bottom.

If this date has passed and you never paid them any money, the person who called you is bluffing.

Once the S.O.L. has passed, yes collection companies can still use you but all you have to do is show the court that the S.O.L. has expired and the case will be dismissed.


http://www.bcsalliance.com/index.html
 
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Old 10-25-2007, 06:21 PM   #3 (permalink)
Chuck M
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The older the debt, the better the chances that this is just a "Rattle your cage" scare tactic. But, you should go to a legal guidance service in your area. Good luck.
 
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Old 10-25-2007, 06:21 PM   #4 (permalink)
Delaina77
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They are probably just trying to scare you and it looks like it worked. How old is this cc they are talking about? It could be out of the statute of limitations for your state (or more likely very close to being out of SOL) once it is out of SOL they can't sue you. You best bet is probably to ask for validation of the debt. Basically if they can't validate it they can't collect on it and lots of collection agencies (especially the scummy kind who use scare tactics like these) can't validate.

I can't really explain that whole process here but try goggling it or go to creditboards.com there's a lot of useful information there including sample letters.
 
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Old 10-25-2007, 06:21 PM   #5 (permalink)
john m
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they won't bother with old stuff and won't go after clothes etc. they might ask to place a lien on anything you own of significant value, but generally just want a judgement showing that you owe the money so that you have some incentive to pay it if you are applying for a loan or something in the future and need your credit clean.

If you know you owe the money and simply cannot pay, offer to pay in installments if they don't go for a judgement or report further negatives.
 
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Old 10-25-2007, 06:22 PM   #6 (permalink)
frogbfound
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depends~ was it a secured credit card? most aren't in which case no they can't take anything except to garnish your wages, but before that happens you will get a day in court.
 
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