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How to Respond to Junk Debt Buyer. – Cherilyn

By on December 23, 2011
How to Respond to Junk Debt Buyer. – Cherilyn

My husband and I have a large credit card debt. We stopped making payments in early 2010. He is a 63 year-old disabled veteran with a small monthly pension from the government. He is also receiving $435 in Social Security per month. I am a 55 year-old independent contractor. I make money on a per-job basis, and due to layoffs in the industry, the amount of work I have is drastically reduced. Most of the time, I make $100 – $200 per month. I have not had success in finding full time work.

We have a mortgage and two 20 year-old cars, no other assets. My husband just received a summons for Complaint for Money Due. It is from Ferrell & Seldin, out of Colorado. I think they are a junk debt buyer law firm. However, they state they are representing FIA Card Services.

My question is: How should we respond to the summons? We do not have a foreseeable way to pay our credit card debt, even small payments. We just have enough left over each month to try and buy groceries and gas. We have some state assistance with our electric and phone bill, and have been on food stamps. Do you advise sending a response to them and showing up in court? Thank you in advance for your advice.

Cherilyn

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This is information that was submitted by a third party and not generated by GetOutOfDebt.org or Steve Rhode.

2 Comments

  1. Michael

    December 24, 2011 at 9:01 am

    Hi Cherilyn,

    My first suggestion would be to contact the closest low income legal aid office and see if you qualify for low or no cost legal assistance. What is the name of the largest city near you?

    FIA is BofA. Ferrell and Seldin may be representing your original creditor and not a debt buyer.

    Have you thought about or looked into bankruptcy as an option? If not, speak with a local bankruptcy attorney or talk with the legal aid office you locate and learn more about the benefits to chapter 7 if you qualify.

    You should answer the complaint. Doing so will give you some time to evaluate your next steps and prevent a default judgement. Prior to attempting to craft your own answer, try the low income legal aid route first. Come back and post a comment reply and an update with what you learn. If you need help locating an aid office near you, please reply with your zip code and I will see what I can find.

  2. Michael

    December 24, 2011 at 9:01 am

    Hi Cherilyn,

    My first suggestion would be to contact the closest low income legal aid office and see if you qualify for low or no cost legal assistance. What is the name of the largest city near you?

    FIA is BofA. Ferrell and Seldin may be representing your original creditor and not a debt buyer.

    Have you thought about or looked into bankruptcy as an option? If not, speak with a local bankruptcy attorney or talk with the legal aid office you locate and learn more about the benefits to chapter 7 if you qualify.

    You should answer the complaint. Doing so will give you some time to evaluate your next steps and prevent a default judgement. Prior to attempting to craft your own answer, try the low income legal aid route first. Come back and post a comment reply and an update with what you learn. If you need help locating an aid office near you, please reply with your zip code and I will see what I can find.

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