can one beat a credit card case pro se

[chipjeep]

The correct answer here is very simple. Why havn't any of the 'legal eagles' here given it? Hmmm.

Point 1...If you go to court you will LOSE unless you can prove that the charges were fraudulent and/or you are past the statute of limitations (doubtful). You will likely be on the hook for the full amount plus penalties, court cost, etc.

Point 2...Do NOT hire one of these companies that advertise to negotiate a settlement for you! You will be commited to paying the negotiated settlement PLUS whatever fee your go-between charges.

Solution...Talk to the creditors and negotiate a settlement YOURSELF! It's really quite easy. They would much rather avoid the cost of court and follow up for pennies on the dollar. Subsequent debt collectors will only pay 5-10% for the rights to hound you. Simply ask them what it would take to make it all go away.

My experience...When I was going through my divorce years ago, there were several joint credit cards and a few my wife held without my knowledge. The bills went unpaid for months as we fought and began divorce proceedings. I simply told the creditors I didn't have the money to pay due to the impending divorce. They practically BEGGED me to settle for 20% on the dollar. I borrowed enough cash to do so and make it go away.

I may have been able to get it done for less but was glad to make it go away. My credit was fine within a few years once I showed I was 100% reliable as an individual and my crfedit report showed "settled" (or something similar) for past joint debts.

[Unique_Carpenter]

Originally Posted by chipjeep

The correct answer here is very simple. Why havn't any of the 'legal eagles' here given it? Hmmm.

Point 1... & Point 2...

Were both addressed in Jon's first post.
And others suggested settling also.

[ShysterJon]

Originally Posted by chipjeep

The correct answer here is very simple. Why havn't any of the 'legal eagles' here given it? Hmmm.

Thanks for your contribution, but all your major points were already made in this thread. Please read more carefully -- and learn to have a little humility.

[chipjeep]

Originally Posted by ShysterJon

Thanks for your contribution, but all your major points were already made in this thread. Please read more carefully -- and learn to have a little humility.

I'll grant that the correct answers may have been imbedded in the responses given previously but I got lost in all the other BS. I don't believe anyone else got str8 to the point of the correct response (which I feel I gave).

Just for the record, I don't speak 'legaleze' and get very frustrated with lawyer talk. Straight up answers are much more effective (IMHO).

[ShysterJon]

Originally Posted by chipjeep

I'll grant that the correct answers may have been imbedded in the responses given previously but I got lost in all the other BS.

I think you need a remedial reading class.

[Grace Preston]

When you say "A few years back"... how many years back? As in, how many years ago did you make the last payment on this card? SOL in Texas is generally 4 years, and I've often seen the judges follow that, regardless of what your card agreement may say about what laws govern the transaction.

It is not unusual for a collection agency or junk debt buyer to still attempt suit after the SOL (statute of limitations) has passed, knowing full well that the debtor won't show in court (about 80% don't). They can still drag you into court if it is past the 4 year SOL... it is merely an affirmative defense.

Having said all that, if you are in a financial position to settle and are within your SOL, try to settle. If not, Texas isn't a horrible state to be in for cases like this, they will not garnish wages for judgments with the exception of child support and the IRS. They can attach to real property and sometimes they will go as far as to attach to your bank account as well.

Good luck

[ThroatChoker]

Why has no one brought up (maybe because they don't specialize in debt suits) that negotiating a settlement is 'forgiveness of debt' and is actual income in the eyes of the IRS? oh yes, forgiven debt is income. Ever see that question when preparing your taxes? Answer no.... go ahead... and watch when the computers match your ss with the card company's records when they write off the debt and sell it. Much bigger problems than a bad credit rating.
Sorry, carry on.

[Unique_Carpenter]

Originally Posted by ThroatChoker

Why has no one brought up (maybe because they don't specialize in debt suits) that negotiating a settlement is 'forgiveness of debt' and is actual income in the eyes of the IRS? oh yes, forgiven debt is income. Ever see that question when preparing your taxes? Answer no.... go ahead... and watch when the computers match your ss with the card company's records when they write off the debt and sell it. Much bigger problems than a bad credit rating.
Sorry, carry on.

Yes correct on the IRS income matching computer data (IRS Form 1099-C). However, kissing off several thousand, or more in debt, and getting a "paid closed" marker a credit report, is worth the tax hit, if any. And you're going to get the 1099-C regardless. And if you have a decent tax guy, zero tax, as there's a fed law that deals with that. Thus, your comment is incorrect as to that aspect. On this topic I will answer PMs only, but note I'm currently infrequent due to a redhead.

[The Eternal Bachelor]

Originally Posted by Unique_Carpenter

..And you're going to get the 1099-C regardless...

Not always true, I've seen plenty of cases where 1099-C's were never sent to the IRS, and in many cases if they were sent, the amounts were incorrect.

[Unique_Carpenter]

Originally Posted by The Eternal Bachelor

Not always true, I've seen plenty of cases where 1099-C's were never sent to the IRS, and in many cases if they were sent, the amounts were incorrect.

Yes, depends upon the settlement agreement, if any. If one is not issued, no prob. Could show up a couple years later though. A few of the big outfits were hammered a couple years ago by "Infernal Retch Staff" so most outfits have it programmed into their systems. Doesn't matter if the amounts are incorrect, as it's usually logistically impossible to have them changed. Note my comment about having a decent tax guy. There are ways to deal with it regardless of correct/incorrect etc. Nowadays, unless you're a w2 person living in an apt, it's almost impossible to do a tax return anyway. A once a year retainer to a tax guy might actually be more cost effective than an atty retainer.
Yes, a teasing shot at some friends.

[JohnnyCap]

I did the same thing in my 20s. I paid off the balances. Man up you cheap fucker.

[PhillyChik]

I don't mind saying I filed for bankruptcy almost 10 years ago, now almost off my report. At the time, it was best for me. Still happy over it. I had almost 50,000 in CC debt--reasons: overdue fees, accrued interest, etc. making a total line of $20,000 more than double over 10 years from my first card purchase. Also, lack of medical insurance previously racked up hefty medical debts.

I wasn't a spendthrift, I had a divorce handled improperly, I was paying rent, etc on the cards. They unfortunately served as income.

Anyway, $800 later and I had no monkey on my back. And, I was getting new offers for cards in just a few months, albeit with high rates. Credit builders, if you will. I thought bankruptcy was the worst thing ever. I had stupidly consolidated loans with a debt management company, because it lowered my monthly dues. However, we all know only a small % was going to the actual debts. Another way my total debt accrued so highly.

For me, I am a renter. Don't need a car. Have family in the event of an extreme emergency, so the bankruptcy was a valuable tool. And, as it currently stands, cash is king for me these days Just a thought. My credit score also never went down after the filing.

[PhillyChik]

Originally Posted by cockofold

a few years back got too many credit cards ,,, now I got one taking me to court .. can I go in pro se and think I might win or is this a slam dunk for them .. otherwise just pay the bill ..

Just reviews alone put your entertainment expenditures +/- $8000 (I just took 41 reviews at $$ each)......

That's hot. Wonder if carnal needs count towards explaining the debt?

[TexTushHog]

Originally Posted by The Eternal Bachelor

Not always true, I've seen plenty of cases where 1099-C's were never sent to the IRS, and in many cases if they were sent, the amounts were incorrect.

Every time somebody doesn't pay me and I forgive debt, I send the fuckers a 1099. I make a point of doing it.