please help…

[creditlover1993]

i didnt know where to post this but i just received a letter from a lawyer about a charged off collection from midland (originally from capital one) for $3500 i do not have that to pay and im currently working gig jobs so i doubt i can pay it soon or it would have been paid .... what will happen if they take me to court? will they garnish my wages? i only work uber/lyft will they just take it every time it transfers to my bank?  will i have to go to physical court? im in pa 

[203bravo]

If you don't answer the court or miss the actual court date then a default judgement will be awarded against you. A couple of important things to consider:

- how long has it been since this credit card when delinquent? PA has a 6 year statue of limitations so if it's been longer than 6 years you can have the case dismissed on this ground.

- judgements are generally valid for 10 years and can be renewed and it is possible that it can follow you if you move states.

- As far as wage garnishment - there are limitations on to when as how much a creditor can get via garnishment.. and it appears that in PA creditors are very restricted on the type of debt they are allowed to attach a garnishment to and credit card debt is not on the list so you shouldn't have worry about that.

Pennsylvania only allows wage garnishment for:

• child or spousal support
• obligations relating to a final divorce distribution
• back rent on a residential lease
• certain types of taxes
• student loans, and
• court-ordered restitution in criminal matters.

It could be possible to still call the creditor and negotiate a settlement for this debt if you have any cash to offer them.

Best of luck. 

[FireMedic1]

First thing is when was the DoFD?

Call Midland and see how low they'll go with a settlement. Start at 30% $1050. Tell them your situation. If you can come to an agreement. They will delete off your reports after settlement is paid. If it even goes to court you may be judgement proof. If you have a very low-paying job, don't own any assets such as money in a bank account or real estate, and any other income source, like unemployment benefits, Social Security, and other public entitlement benefits, as well as personal property, is exempt from seizure by judgment creditors.

[creditlover1993]

dofd 11/2019 still within sol😑

[CreditInspired]

@203bravo  This is great info that you offered OP. I just wanted to thank you. 

[CreditInspired]

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@FireMedic1 wrote:

First thing is when was the DoFD?

Call Midland and see how low they'll go with a settlement. Start at 30% $1050. Tell them your situation. If you can come to an agreement. They will delete off your reports after settlement is paid. If it even goes to court you may be judgement proof. If you have a very low-paying job, don't own any assets such as money in a bank account or real estate, and any other income source, like unemployment benefits, Social Security, and other public entitlement benefits, as well as personal property, is exempt from seizure by judgment creditors.

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Agree 100%. Only offer 30% because rest assured, they bought the debt for pennies on the dollar and they're still making a profit. 

[203bravo]

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@creditlover1993 wrote:

dofd 11/2019 still within sol😑

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oh that sucks. sorry to hear. 

[creditlover1993]

yeah lol but thanks for the feedback i appreciate it

[203bravo]

anytime... we all learn from one another. 

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@creditlover1993 wrote:

yeah lol but thanks for the feedback i appreciate it

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[tnhomestead]

Not an attorney, but a quick search online says they can attach your bank account in the event they have a judgement against you. Can't garnish your wages, but once it's deposited it looks like they can get it. Best bet is probably try to make a deal as cheap as you can.