legal question
 

Mabe I can get some help here. I was served papers for a charged off credit card that was in my name. The credit card was charged off four years ago in a pretty messy divorce. I did not show up for court and subsequently they mailed me a paper that was titled notice for arrest warrant. Shame on me for thinking that I knew the law. I thought that thy would just make a judgement against me. I did not realize that in a civil matter they could attach a warrant for my arrest.
The amount that I owe is 6200. If I get pulled over on my way home from work can they put me in jail? I went to the judges office and one of his representatives told me that in order to get the warrant dropped I would have to call the firm that is sueing me. So I did ,and they were no help. Do you think that it is time for me to retain a lawyer? or should I keep trying to deal with the collectors myself? thx in advance for any help

Holy shit - sorry dude, collection agencies are the WORST.

Some cities have cheap legal counsel places for us poor people... but it sounds like you can afford a lawyer? At the very least, you can just seek counsel on the matter and decide whether or not you want to continue trying to deal with it yourself. In that case, if you have to pay, set up a payment plan with the collectors.

Really sorry that I can't offer more advice - but here's LOADS of sympathy. I hate collectors. They are the angels of misery.

I'm of the understanding that if the credit card company has sold its debt to a collector, then the debt is no longer the credit card company's to collect. The collectors have no legal right to your money since your debt is not to them but to the credit card.

I have a feeling that this is a scare tactic and that if there was a warrant, you would not have been served a paper, you would have been arrested. I could be wrong, but that's my understanding.

I hope I'm not pretending to know more than I do.

They'll serve a warrant for arrest at your last known place of residence with instructions to show up at such-and-such place at such-and-such time to be charged. Most people turn themselves in as instructed, make bail, and go home.

If they don't, usually nobody comes looking for them. They'll pop up in the system somewhere eventually and be taken into custody on the outstanding warrant at that time. Depending on the nature of the charges, or past criminal record, police may (rarely) be sent out to pick someone up.

This cop show business of kicking in doors and throwing a personally known suspect to the ground is not the usual way the process plays out.

I had a cellular company sell some a debt in my name to a collection agency a few years ago. As far as I could tell, they pretty much expected me to write them a check on their say-so that I owed them money. My basic stance was "It's possible I do legitimately owe this debt... document how you arrived at this number and my name and show it to me." No one bothered me after that and no one challenged getting it removed from my credit report as an error.

In my case I think they figured it would cost them more time/money to prove it was a legitimate debt than they'd ever actually collect so they just dropped it as a bad investment. It was not an insignificant amount of money but it wasn't anywhere close to $6K.

You should buy some of this big black nose glasses with the mustache and bushy eyebrows.

...

No, seriously... you need some legal counsel.

Pay the amount in full directly to the card company as soon as physically possible. The collectors make nothing, and you're scott free.

In my problematic youth, I had gambled away a fortune and had a 2year old Nissan that I could no longer make payments on. They sent letters and demanded I turn it in. I refused and like the addict I was moved to unknown whereabouts (Cincinnati and worked at King's Island for the Summer).

They called and harassed my mother, who at the time was having her own issues as my parents were divorcing.

Long story, short they told her she could go to jail for contempt of court and harboring a fugitive because they had a warrant for my arrest. They considered it grand theft auto.

I went and saw a family friend, who was a lawyer, he told me I had 2 choices, I could go to court, have a judge tell me I needed to pay, but in reality couldn't order me to jail as debt is a civil action and not a criminal. Then I could file bankruptcy and probably keep the vehicle.

Or I could bargain with them and tell them that I would gladly turn over the auto in good shape provided they didn't knock my credit. He even made the call and acted as a go between.

They agreed to the latter, I turned the vehicle in and the repo never showed.

Basically, what it boils down to is IF they have an arrest warrant it is on the basis of contempt of court. It's a civil action though and all that would probably ever happen is you would be told to appear in civil court. Which you could drag out for years probably.

Best thing though in the long run is to just call them and tell them it was a bill ran up during a nasty divorce and while you wish to honor it you can't, and see what they will take as full payment. Since most of these collections companies buy the debts for pennies on the dollar and the main company has already dinged your credit and written off the bad debt as a tax write-off, chances are they will settle for 50% or less. But once you pay whatever they name as the minimum they have to take it off your credit report.

Most likely, as Shesus said, this account was sold to a collection agent, and the original card company has already written it off as bad debt. Also, most credit card companies have their own in-house means of collection, and selling the debt is the last resort to squeak some blood out of a turnip. It is very unlikely that he can just pay up to the original CC company and clear it up. He will most likely have to find a way of dealing with the collection agent.

No legal advice here. Sorry, good luck with it.....

Thanks for all of your help, I am going to see my lawyer Monday. Irony is, if it was not for my ex's lawyer who told her to go run that card up I would not be in this pickle to begin with.

I would pay the amount in full to the cc company if I had the money. What I am hoping for is some sort of settlement, mabe 70 cents on the dollar or something like that. Then I will just make payments. Another option is my 401k. Anyway thanks for your help. I am going to buy a wig and moustache just in case.

IC, but I'd still call them first and foremost. If they haven't sold the debt yet and are just being hired to take part of the debt, then you have a chance of making the whole thing go away.

Either way, you're better off with legal representation. I'm no lawyer.

Not showing up in court is a big no no. That will always get you in more trouble. Better off just dealing with the warrent. talk tot he police or whatever you need to do. for something like that you wouldnt be thrown in jail or anything.

It won't matter after seven years! Unless you killed someone as well.

i don't know much about the us legal system (assuming that's rgroovy07's location)... when in contact with the collectors, try to always keep some sort of written documentation /whatever matter as legidimate proof in court.
uhm, best would b if u could in any way possible "proove" that u'r intensions were never 2 not pay... there must've been cases pretty similar 2 urs b4... try searching on the internet /through the library c if u can find nything on how those cases turned out, what was in favor of the plaintif, what was not etc.
just 2 get a general overview of ur situation n ur options b4 contacting a legal counsellor because it could b expensive 4 u... www.law.com or westlaw.com r great sites....good luck!