Legal Question in Credit and Debt Law in Georgia

I had 2 accounts with navy federal dealing with credit card and consolidation loan. I got behind and plus my ex husband used my credit card and he never paid it back. I hired a credit repair business to help me negotiate a settlement with them but they refused to negotiate. I tried to talk to them but they refused to give me any information. I wrote them yesterday about my account and they told me to speak to a law firm that was handling the case. I did not get any notice in the mail or summons about this situation. How can I avoid being sued or a judgement of I did not know what was going on. Its not even on my credit report.


Asked on 4/16/15, 7:36 am

1 Answer from Attorneys

You cannot avoid being sued if the creditor has a mind to sue. Issue is where do things stand and do you have the money to resolve this if the creditor will settle?

Creit repair organizations do not negotiate settlements. There are debt settlement companies that do so and most of them are disreputable. However, even if they are honest, there is no way to force creditors to settle. Not all credtors do and I have had credit unions and some other types of creditors insist on 100% or close to it. Navy Federal is tough. That said, you can sometimes work out deals where they will at least stop the interest from running and that in itself is a plus.

If the answer is no, the way to avoid a judgment and its unpleasant consequences is to file bankruptcy.

The fact that you got no notice means nothing. I do not know when the law firm received the debt. Usually the law firm will try to collect by sending a letter, but not all firms do that. Who is the law firm? Some are quicker to sue than others. And maybe a lawsuit has been filed and you were not served yet. Its hard to say without knowing the details.

It also does not matter that the ex-husband did not pay the credit card. If he was ordered to do that by the family court, then you can go after the ex-husband. But if the card was in your name, then you are responsible regardless of whether ex-husband paid or not.

If you have the funds, I would stop messing around and get a lawyer to handle this for you. Again, there are no guarantees here and if you cannot afford to pay back all or part of the debt, then the only option might be bankruptcy unless you are totally judgment proof, meaning that you have no assets owned free and clear that can be seized, no bank account or only get Social Security or other exempt funds and you do not work.

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Answered on 4/17/15, 5:12 pm


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