Should there be a law concerning credit related lawsuits?
98845
Although we may like to think better of our society, credit card companies wield a tremendous amount of lobbying power.  However, can you imagine knowing that you will be exonerated from your credit obligations; what would be the incentive to pay.  The government has a difficulty time in screwing with the constitutionally protected freedom to contract, so by virtue of such they will not willingly excuse the debtor for breaching that obligation.
103601
Yes, but sue them for the repayment first.
269977
You mean if you listed that company as a creditor in your bankruptcy filing?\n\nI think so.  But if you wrote the bad check with fraudulent intent, you will not be safe from criminal prosecution.
239213
I would disagree with that. We live in a very litigious society and companies are sued all the time. In general the courts favor the consumer and corporations end up paying millions if not billions in damages to people every year. In my opinion most of these people are just looking for someone to blame for their problems and see suing the company as a way to make a fast buck. I know that their are people out there with legitimate claims and they should be compensated when the company is clearly wrong. But too many consumers are abusing the legal system to make a profit.
349649
In this case I'd recommend hiring a lawyer.  I'm not familiar with the California laws.\n\nIn Michigan, I don't believe you can sue the state.  However, due to a lot of abuse of the lien laws here, they may actually work with you in suing the creditor.\n\nYou can also sue in small claims court.  But for large amounts, you need to be able to prove damages.
156586
A lawyer could be a good resource.  You may want to consult a lawyer to find out what you need to do.  Also a lawyer can help to make sure you aren't held resposible for any fraudulent charges or credit cards or accounts opened in your name.\n\nI don't think you NEED a lawyer, but it definately wouldn't hurt.
213518
Depends on a fewthings. How much the debt is for, where the transaction too place, type of credit agreement/contract.\n\nWould take too long to describe all options here.  But in a nutshell, if it's a small debt under $5000 they will sue you in Small Claims Court.  Do a search on the web for details on how they work in your state/county.  They are all a little differant.\n\nWhat concerns me is you mention an attorney is on the case. That implies the debt is big, over $5000.  Then you will be sued in District court, which is a lot more involved and will require you get get an attorney.  If you lose, you will be paying court costs, which also increase in District Court.  \n\nGood luck.\nIf you need more specific answer or encouragement write me. I am not an attorney or credit counsoler, just someone who has been down that road and have counseled many others.\n\nStudly
338466
Perhaps instead of a debt consolidation your in need of a credit repair company, as these old debts have been charged-off already.?
801117
In the USA, highly unlikely that any retailer would spend the money to hire a lawyer to collect a debt unless you owed them tens upon tens of thousands of dollars. Most creditors hire collection agencies to negotiate debt repayment terms. But if it ever does go that far, then yes, you may possibly have your wages garnished.
612613
Sometimes.\n\nYou should write a letter the the credit bureau and object to it being there.\n\nIn fact it is good to do that with all negative information, because if the posting company does not write back and oppose it being removed, the credit bureau has to remove it.
861042
No, phone them and set up a payment plan. They will try to work with you and avoid going to Court. It costs them money to go to Court. Or you can contact a local Credit Counselling company in your area. They can also help you set this up.
397523
PLEASE CHECK WITH A LAWYER.
220926
Most lawyers will give a free consultation but you could contact an attorney named Dan Martino  the troubleshooter.\ngo to    www.thetroubleshooter.com  he is based in Colorado and has a national talk radio show.  He is very knowledgeable about the laws in most states and he can tell you if you have any recourse at all.
860705
That would be impossible.  There is alsways a fool who thinks he has a novel usage for a product that has no relation to the products design or intended usage.\n\nFor every fool who damages himself in this manner there is a lawyer anxiously waiting to file a product liability claim in his name.  At the very least product liability law should be reformed to limit the amount of money that the attorney can make off of the suit.  The biggest winner in any class action law suit is the attorney who filed it.  Most cases see absolutely no money being distributed to the members of the class, just products or credits towards future purchases, but the attorneys literally make millions of dollars.
11083
It would be hard to deal with without a lawyer.  The simplest thing would be to show the proof, document it, and threaten to sue if they collect from you wrongfully.  If they did so after you had given them proof they likely would be liable for much more than the amount taken.  But if that didn't scare them off, you'd still need a lawyer.  You should also make sure the credit reporting agencies haven't acted on the same bad information, and make sure the collection agency hasn't caused your credit to be affected. Ask your lawyer about that -- the collection agency will have to have that cleaned up.\n\nBy the way, I disagree with a previous poster who wrote "Generally if someone takes you to court for some reason and loses, they are required to pay your legal costs." Unless there is a special reason, in the United States the loser does not pay the legal fees of the winning party. (Costs are technically something different than legal fees, and are much much less than legal fees.)
874771
A waste of time it may be, but every organization is worried about lawsuits. Perhaps a written code of rules is required by its insurer, or its lawyers.
457309
Yes.  What the company that charged off the credit card did, was to sell your contract (account) to the collection agency/attorney that is calling you.  They can take you to court and sue for a judgment against you.  If you own a house they can put a lien on it. They can also demand $35 a week (or the sum the judge says) until the debt is payed off. Or, attach your wages.\n\nYou do have rights regarding their right to call.  You could call your State Attorney General to find out your rights.  (I know, after a while you want to disconnect the phone and except calls from no one.  I found it very depressing.)\n\nThe best thing is to eventually negotiate a settlement with them.  I think it is better to do this before it goes to judgment.  Also, Stay up with the court procedures.  As soon as you get served go to the Court house and fill out the form "Appearance".  I think if you look like a fighter they will be more willing to negotiate to a lower settlement.\n\nI got a lot of help from:\n\nwww.creditinfocenter.com\n\nGood luck!