Legal Question in Credit and Debt Law in Colorado

What can the collection company and the courts do to me?

I had a credit card some five years ago, and was unable to pay it all off. I was notified in 1997 by the card company that the account was being written off. On 10/17/00 I was contacted at work and was told that I had four days to make arrangements to pay this debt in full and call them with the arrangements or they would sue me, and that if I was in the hospital giving birth (I was due 10/24/00) then I had better have someone else call. I have contacted a credit counseling firm, but as I gave birth on 10/26/01 and have had added expenses and a short check, I have been afraid to sign the contract with the credit counseling firm because I cannot pay the monthly payments yet. I will have the extra money this next paycheck. Now on 1/14/01, I was served a summons to court on 1/18/01, and when I got there, they had not even filed any paperwork. I missed work for this! I do want to pay this debt off, but I have two small children and am a single parent. Can they garnish 50% of my check? Do the courts take into account my monthly costs? And can they keep intimidating and being nasty like this?


Asked on 1/18/01, 1:36 pm

1 Answer from Attorneys
Richard Schroeder Richard O. Schroeder, Counselor At Law

Re: What can the collection company and the courts do to me?

If they served you with a summons then you may seek costs from the credit card company. The credit card company can bring suit, and if they prevail they can execute against you. They can garnish your wages, with some restrictions.

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Answered on 2/13/01, 6:55 pm


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