Legal Question in Credit and Debt Law in Minnesota

Credit Card Debt

I am on disability and on a limited income. I have credit card people harrassing me everyday. My disability is severe depression and anxiety. One credit card company is threatning to take me to court. I have no extra money, I have explained this to them numerous times. I contacted a bankrupcey lawyer and he told me that they wouldnt have a chance sueing a disabled person. I just want this all to go away, please help. Thank You


Asked on 2/18/09, 11:00 am

2 Answers from Attorneys

Sam Calvert Calvert Law Office

Re: Credit Card Debt

It is not that they can't sue you, it is that you likely cannot be collected from. Since Minnesota abolished debtor's prison in 1858 or so, all that happens with a judgment against you is that the creditor has a different piece of paper that is proof that you owe the money and that the creditor can try to collect from your "non-exempt assets". HOWEVER, many people do not have any "non-exempt" assets.

In addition, depending on what the collectors do, the collector may violate the Fair Debt Collection Practices Act, which means you could sue them for damages and attorney fees.

You can't just make them go away (short of filing a bankruptcy) but if you understand how little they can actually do to you, I hope that helps with your anxiety.

You could also retain a lawyer for the purpose of interfacing with the creditors.

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Answered on 2/22/09, 2:14 pm
David Anderson Anderson Business Law LLC

Re: Credit Card Debt

You need to write to all CC companies ( you can use the same letter for all) indicating that pursuant to the Federal Fair Debt Collection Practices Act, you are hereby notified to Cease and Desist all telephonic and written communications.

You can put on the bottom:

cc: David Anderson, Attorney At Law

That should stop the harassment. If it does NOT, call or email me, because you then then sue THEM.

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Answered on 2/18/09, 3:17 pm


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