I am Being Sued for credit card debt I own nothing have no job what can they take?

Answer 1

First of all, don't assume that just because you don't have anything, that you don't need bother to answer the Summons; this will guarantee a Default Judgment against you and then you will definitely find out what they can take. It's like Richard Pryor said, "Got any dreams? We'll take those too!".

What you should have done was to shut them down way back when they first started calling and sending collection letters, etc... It's never too late to take the offensive though.

So if you've decided you have had enough of the harassment, phone calls, threats, default judgments and garnishments, then Google "How to stop Debt Collectors" and start researching your rights.

What you will learn is the way to stop these guys' dead in their tracks and even get those judgments removed and a settlement reached so you will never be bothered again and even possibly get them to pay you to go away.

Most folks wait until the last minute to do something!

Do not wait! Learn to challenge these guys right away and you will stop them. If you are being threatened to be sued, taken to court etc... I cannot emphasize enough do not wait, go after these guys before they get you into the local court system.

The reason I push this is that in the local court systems you will have little to no chance to win as they do not care about the Federal Laws they violate and the action YOU can take against them.

When you take them to Federal Court, the alleged debt is of no relevance; the LAWS they broke and your CIVIL RIGHTS are the issue. People are doing it every day and there is no reason why you can't do it too.

It is always better to be a Plaintiff in the Federal Courts then a Defendant in the local Courts.

Learn how to sound like a 200 pound Canary. Don't know what a 200 pound Canary sounds like? --- "Here Kitty, Kitty, Kitty..."

What you'll learn will stay with you for a lifetime and has no price to the value of it, it is priceless and is not taught in Law School as this is one part of law practice that is not thoroughly taught as there is little money to be made by lawyers doing this stuff. And you will see that on the attorneys faces you come up against in the case you file "they do not get it"

They only see the alleged debt you owe and don't understand they broke the law and you are there to prove it. Once you make them understand, you will see the lights come on and they realize, you got them. You can do this even if they have contacted you in the past and you did not know what to do.

First thing to do is contact the Clerk of Court and ask for an "In Forma Pauperis" form to fill out and file to waive that ridiculous and unconstitutional $33 filing fee. In some states, that also puts the Court on notice that you are judgment proof. In some situations the Judge will dismiss the case on that point alone, but don't count on it. Next you submit a Motion to Extend Time to seek Counsel (may not be granted, but is reversible on appeal).

Now you go on the offensive. You send the attorney a certified letter with the following:

I would like to resolve this matter at the earliest possible time, however due to the possibility of error or fraud in this matter, I must insist that you prove that I owe you this purported debt and why.

In order to prove the alleged debt, I must have a signed and sworn statement before notary public under penalty of perjury by a person having firsthand knowledge of the indebtedness and stating that the reported indebtedness was a legal indebtedness under all applicable state and federal laws, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, and furthermore swearing that this purported debt is not now nor ever has been part of any tax write off scheme nor insurance claim. Please be advised that I am requesting validation and competent evidence that I had some contractual obligation sans consumer protection encumbrance whereby I incurred the original claims associated with this purported debt.

If you wish to communicate with me, you may do so only by U.S. mail and only at my place of residence.

Your failure to provide such information as I request in a timely manner may constitute prima facie evidence of intent to defraud, intimidate or coerce me and to deprive me of my civil rights.

Please be advised that any contact made by your firm with any 3rd party firm or entity regarding this issue absent compliance with each and every part of this demand for validation may constitute violation of the FDCPA and the FCRA and may constitute grounds for civil or criminal action or complaints being filed against you. I do hope that you can understand and that we can settle this matter in an amicable fashion at the earliest possible moment.

Sincerely,

You will send this Certified Mail Return Receipt (You will do this with all documents you send these yo-yos) This starts your paper trail and this is the most important part of doing this; being able to prove you demanded Validation and proving you have done so. I would even go to the extent of going to the USPS site on the net and track the letter and print out the USPS report and staple all the parts to the print out the original receipt from post office and the signed return green card when you get it back. The court loves black and white stuff and the defendant hates it because it proves they were put on notice and they did not act/comply.