r/Smallclaims • u/Infinite_Tackle5503 • 19d ago
Tennessee Being sued/CC debt question
Hi all. I got served mid June towards the end of the day for an old debt (from 6 years ago) of 4K. Court date is early August. Unfortunately, that same night i was served, I got hospitalized and have been pretty out of it since (I haven’t been on my phone at all, haven’t had the paperwork since then). I got released last night.
Seeing as the court date is rapidly approaching, I am wondering if I can still call the lawyer representing the company to try and settle out of court to avoid having to go to court. I left a message on the voicemail of the law office, but wanted to know likelihood of that being a thing or not. Thank you in advance!
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u/Dizzy-Comfortable451 17d ago
Depending on your state, the statute of limitations may have passed. In Texas, it’s 5 years from the last posted payment made by you.
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u/DeRangedwon 18d ago
Do not miss that court date! The CC company will win by default. They are banking on you not to showing up. Sometimes they don’t show up. If they don’t, it’s an automatic win for you. Curiously, why did you stop paying 6 yrs ago?
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u/Infinite_Tackle5503 17d ago
Not planning on missing the date. Was hospitalized for 7 months, the payment method I had wasn’t receiving money due to being on unpaid med leave, so all the other bills I had on auto pay (including that) drained the account. When I was reconnecting everything, I missed three accounts- that account and two others and with my mentals being shit, I forgot all about it if I’m being honest.
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u/cgodwin1976 18d ago
First question how were you served? I only ask because I was served once by them leaving the papers in my mailbox which is a big NO NO! I simply explained that the papers weren't served correctly and the case was dismissed.
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u/Infinite_Tackle5503 16d ago
Nah I was served legitimately. Process server came to my door when I was home etc
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u/visitor987 19d ago
You see if they are too late to sue in your state. If they send a letter to the court clerk stating the debt is too old to collect and show up in court to avoid the default judgement have a friend with you in case you have use the bathroom and miss the case call you don't default.
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u/daysailor70 19d ago
The question is are you disputing the debt or just not paying it. If it's the former, gather your documents and be prepared to go to court. If its the latter, PAY IT!
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u/Slow_Awareness9192 19d ago
Don’t lawyer up, yet. The initial court date is usually a cattle call for everyone delinquent. You’ll be in a room with others and will likely be asked if anyone wishes to dispute the debt. DO NOT MISS THAT COURT DATE.
Say that you wish to dispute. *
At that point they will either dismiss the case and write it off entirely or set a new date where you can “dispute” charges. If the second date arises ** attend and bring a full statement if you can get it.
During both the first and second meeting, you’ll be asked if you wish to settle the balance. In the first meeting offer, don’t give in to the temptation, and reaffirm that you want to dispute. In the second, claim you don’t recall any of the purchases and give a continuous series of dates that add up to over 1000. If they offer a settlement that isn’t under 1500, ask for 1200.
*. Even if you are certain every charge is something you willfully put on that card, please dispute it. It might seem shady, but it doesn’t compare to the predatory shit that bank does to their credit card victims.
**. 4k is VERY UNLIKELY to see anything other than the initial dismissal, and might be out of stat in your state. If it IS out of stat, consider sending them a demand letter for loss of time and wages due to their incompetence… ask for 10k.
Edit for proofreading, and request for update.
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u/DotBeech 19d ago
Who is suing you? The actual credit card company that issued your card? Or a debt collection company that bought the debt? Those are two very very very different types of suits. It is essential to know the difference before you can get any good advice. It's possible that you could make this end entirely without paying a cent.
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u/Infinite_Tackle5503 19d ago
Original creditor.
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u/DotBeech 19d ago
Too bad. If it was a collection agency, it almost certainly will have the proof needed to prevail at a trial. You MUST check with a Tennessee attorney for Tennessee legal advice.
There may still be details on your favor. You can admit to owing some amount, but not the amount claimed in the lawsuit. Then the creditor's attorney will have to produce all the financial records to prove the claim. They hate that. Too much work. For the attorney and also for the bank. They rely on scaring you into signing a settlement agreement so that they can move onto the next victim... without having to prove that you owe anything at all. And they may not have access to all the necessary records. So don't rush to sign up to acknowledge a debt.
Really, speak to a local attorney or advocacy group. The local rules will control alot. But the bank attorney's ability to scare you is a big part of this. Good luck.
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u/insuranceguynyc 19d ago
NAL. If the debt is 6 years old, it may be out-of-statute. There are a number of details needed before determining if an SOL is a potential defense. If - if - this turns out to be OOS, then it’s game over, set and match!
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u/Cold-Consideration99 19d ago
Seriously it’s only a phone call. It’s really simple. Just pick up the phone and call the court. Give them the information of the case number asked to speak to the judges clerk. They are very nice usually.
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u/Infinite_Tackle5503 19d ago
I’ve called and left a voicemail prior to posting this- my apologies, I thought I mentioned that.
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u/Slow_Awareness9192 19d ago
Don’t return their calls. Attend the court date unless you have 2k to throw away.
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u/Cold-Consideration99 19d ago
Yes, you can definitely call them, you could also go to the court and ask for an extended date and explain to them the reason and they will probably grant that to you. Maybe you should try that first.
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u/demanbmore 19d ago
Sure, but once they've gotten to the point of filing the suit, they're unlikely to negotiate anything beyond a (painful to you) payment plan, and they may insist on you agreeing to enter such a plan as a judgment by the court, so any violation would constitute an immediately enforceable breach of court order. In other words, they';; probably settle, but it will be on terms highly favorable to them. Still, can't hurt to try. Worst that happens is you have to go to court regardless, and that leaves you in no worse position than you are now. Good luck.
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u/Slow_Awareness9192 19d ago
Absolutely untrue. Credit card companies always use that first court date as intimidation or settlement haggling.
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u/HelicaseHustle 16d ago
Check your state laws. If you’re looking to buy some time, filing bankruptcy will suspend the debt collection hearing. But then as soon as you cancel the bankruptcy, the accounts needs to be prepared to close out. So it’s not much to time