Being sued by Dell

[CDC Mail Guy]

I am off work now peeps. Headed home. Will check in again manana Thank you again for the replies

 

[rudder]

Call who ever's name is on the summons. tell them you can pay a small amount each month. This is preferable to ignoring everything and them garnishing your wages.

Next time if you get in financial difficulty (hopefully you learn that cash is king), call the creditor right away. When you ignore the crap it will cause worse problems.

 

[Brian Stirling]

I doubt I could even get $500 for that system, but I have considered it.

I'm not suggesting you sell it ... rather that you not go buying anything you don't absolutely need until you get your head above water. And, even then, if you're only a tad above water you shouldn't risk it.

Now if you have things you can sell and you can live without it then by all means do so. Ebay...


Brian

 

[Chiropteran]

They would call and beg me to send in a payment, no matter how small, just send something.

So I sent them a check for $0.

 

[Gibsons]

Dell is not suing you, they sold the debt.

It is a civil matter, you don't get arrested.

They will issue a judgment which will show up on your credit. If they wanted to, they could ask the court to garnish your paycheck or seize your checking account, until it is paid.

Or you could BK, which I don't recommend unless it is a large amount.

Would not showing up be a "Failure to Appear," and thus make it a criminal matter as well?

 

[Geekbabe]

Sell everything you can part with, call them before the court date, in many cases they will settle for lump sum payment that could be less than the original debt.

 

[rudeguy]

What, did you finance a computer through them and fail to make payments?

OPwnage in 3... 2...

If you don't show up for court, yes you can get a warrant on you. Trust me, the last thing you want to do is blow off the matter and hope it goes away.

Edit: From experience, I know people can go to jail over civil debt. I work for a collection agency that also has a law firm.

You are a moron and a liar

 

[Lifted]

They bought the debt for pennies on the dollar looking to make several times their investment. Of course they never collect on many of them so it's not like free or easy money. There is a lot of risk and work involved in collecting bad debt.

With that in mind, open discussions with them before the court date and tell them you want to pay but you've been under financial hardship and have been unable to make payments due to divorce, alimony, child support, whatever. Offer them $350 + the computer and wait for a counter offer. Be very polite, and try to settle for as little as possible as close to the court date as possible. Even if you can't come to an agreement before the court date, you will have all of the settlement negotiations to show the judge (document everything - no phone calls) which they always appreciate - it shows them you at least made an attempt).

 

[dud]

What state? Garnishments, judgements, .....Jail?


Pay your bills.

This ... you could always ask the Gubment for a bailout. Taxpayers love bailing out irresponsible debtors.

 

[OCGuy]

Would not showing up be a "Failure to Appear," and thus make it a criminal matter as well?

FTA is a criminal charge.


Generally, the large credit companies sue thousands of people at a time. If you knew the default % on unsecured debt, you would understand that it is impossible for a judge to call every name on the list. Almost nobody shows up, and the creditor gets a default judgment.

Now what many people do (if the debt is large enough) is BK it, and any collection action is immediately stopped and the debt is discharged. You can generally keep your primary residence and your vehicle by reaffirming the debt.

 

[ichy]

Creditboard is a much better source of information on this sort of thing.

 

[IndyColtsFan]

I will appear in court on the appointed day then. Thank you all for your input. The LAST thing I need is a Garnishment. Already been there, done that with the IRS a couple years ago They took $300/month from me until it was paid off.

Yeah, I tend to get in over my head...

So the last thing you need is garnishment and few posts ago, you said you can't file bankruptcy. What do you want -- the debt fairy to show up and wave her magic wand so your debt will be paid off?

Here's an idea -- how about getting a second job and paying off your debt like a normal person? You took the loan out, now be a man and pay it.

 

[Red Squirrel]

How did you managed to get in that situation in first place?

Either way, just pay it, use the credit line if you have to, your life will be much easier. They wont give up, and it will eventually cost more as they keep adding more fines and stuff to it.

And who finances computers now days? They depreciate too fast, it's just not worth financing it.

 

[highland145]

If you don't show up for court, yes you can get a warrant on you. Trust me, the last thing you want to do is blow off the matter and hope it goes away.

Edit: From experience, I know people can go to jail over civil debt. I work for a collection agency that also has a law firm.

Let me just quote this crap so I can remember to answer in the AM.




Jail for civil...I emm effing wish. Wrote off $36K last year, iirc. Nestless egg.

 

[highland145]

They would call and beg me to send in a payment, no matter how small, just send something.

So I sent them a check for $0.

Another dead beat?

Pay your bills.

 

[highland145]

Would not showing up be a "Failure to Appear," and thus make it a criminal matter as well?

I wish, around here. The court paper I fill out even imply that. Joke.

This ... you could always ask the for a bailout. Gubment love bailing out irresponsible debtors.

Better but I'm sure that's what you meant.

 

[CPA]

California. I guess I could start paying them whatever amount I can afford, even if it's only $20-$30/month

If you do that, DO NOT give the collection agency your checking account. Just tell them that you will pay them $25/month. If they don't want to do that then they can file and get nothing.

 

[waggy]

hmm

http://online.wsj.com/article/SB10001424052748704396504576204553811636610.html

Some lawmakers, judges and regulators are trying to rein in the U.S. debt-collection industry's use of arrest warrants to recoup money owed by borrowers who are behind on credit-card payments, auto loans and other bills.

More than a third of all U.S. states allow borrowers who can't or won't pay to be jailed. Judges have signed off on more than 5,000 such warrants since the start of 2010 in nine counties with a total population of 13.6 million people, according to a tally by The Wall Street Journal of filings in those counties. Nationwide figures aren't known because many courts don't keep track of warrants by alleged offense. In interviews, 20 judges across the nation said the number of borrowers threatened with arrest in their courtrooms has surged since the financial crisis began.



this says you can be put in jail for debt.

 

[waggy]

If you do that, DO NOT give the collection agency your checking account. Just tell them that you will pay them $25/month. If they don't want to do that then they can file and get nothing.

AGREED.

Pay by money order if possible. do not give them a CC number or Checking account info.

I have read enough horror stories of them just charging the full amount until it goes through

 

[highland145]

hmm

http://online.wsj.com/article/SB10001424052748704396504576204553811636610.html

Some lawmakers, judges and regulators are trying to rein in the U.S. debt-collection industry's use of arrest warrants to recoup money owed by borrowers who are behind on credit-card payments, auto loans and other bills.

More than a third of all U.S. states allow borrowers who can't or won't pay to be jailed. Judges have signed off on more than 5,000 such warrants since the start of 2010 in nine counties with a total population of 13.6 million people, according to a tally by The Wall Street Journal of filings in those counties. Nationwide figures aren't known because many courts don't keep track of warrants by alleged offense. In interviews, 20 judges across the nation said the number of borrowers threatened with arrest in their courtrooms has surged since the financial crisis began.



this says you can be put in jail for debt.

In the whole US? Which ones? I'm moving. B.S. for the most part. Yes, I have been in a court where the judge told his secretary (wife) to call the sheriff's dept. because of disposal of mortgaged property (tv's and crap). He(the judge) was cleaning his morning catch at the time. Mostly, the magistrates are castrated here. Most, happily so. Had a guy hiding a car that I had the title to and the Mag. told him he's going to jail if he doesn't produce it. 10 years later I don't have the car and he's not in jail.

 

[waitman]

When specifically was the last date that you made a payment? If it is long enough it may be past the statute of limitations that allows them to sue you in Ca. They will try it often times anyway, but you need to know that if it is beyond the Ca statute, you need to tell the judge that the debt is too old by law to sue you for it. As far as being arrested for not appearing, I doubt it in a civil (criminal yes) case over debt in a million years, however, judgement will automatically go in favor of the plaintiff if you fail to appear.

According to California Code of Civil Procedure § 337(1), the statute of limitations for a written contract is four years. Under § 339(1), the limit for an oral contract is two years. This statute goes into effect when you breach your contract. The day after your last payment was due which you failed to pay.

 

[highland145]

When specifically was the last date that you made a payment? If it is long enough it may be past the statute of limitations that allows them to sue you in Ca. They will try it often times anyway, but you need to know that if it is beyond the Ca statute, you need to tell the judge that the debt is too old by law to sue you for it. As far as being arrested for not appearing, I doubt it in a civil (criminal yes) case over debt in a million years, however, judgement will automatically go in favor of the plaintiff if you fail to appear.

According to California Code of Civil Procedure § 337(1), the statute of limitations for a written contract is four years. Under § 339(1), the limit for an oral contract is two years.

Was thinking about that earlier. 2yrs comes to mind here.

Pay your debts, OP.

 

[Corporate Thug]

A few months ago, I got served to appear in court in January 2014. It is from the Collection Agency that Dell uses. My FIRST name is mis-spelled on the paperwork (they left the first letter off...not sure if that matters)

I'll be honest and tell you that I stopped paying Dell quite some time ago. I missed the 30 day deadline to file my response. I owe them like $3,000.

What is the WORST scenario if I don't go to court on that date? Warrant for arrest? Just curious. I do not have $3,000 laying around, and can barely get by from month to month...that is why I stopped paying them in the first place.

Other than being served, I have heard nothing from either Dell, or their collection agency in well over 2 years.

There is no such thing as debtor's prison anymore (unless you are really screwing over uncle sam or child support payments). Worst case scenario (which happens to be the likely scenario) is that Dell gets a default judgment against you and records it with the County you live in, as well as neighboring counties. Every time your credit is pulled, the judgment comes up. Essentially, it is going to be very difficult to get any sort of line of credit without first satisfying the judgment. Of course, they are going to take on legal costs and attorney's fees, so the judgment is likely going to be a good deal more than the 3k you own.

 

[Corporate Thug]

If you don't show up for court, yes you can get a warrant on you. Trust me, the last thing you want to do is blow off the matter and hope it goes away.

Edit: From experience, I know people can go to jail over civil debt. I work for a collection agency that also has a law firm.

Regardless of whatever position you hold, you have no idea what you are talking about.

 

[Chiropteran]

Another dead beat?

Pay your bills.

Nah, just a poor quote of some comedian.