12 Comments

  1. sherryn75501
    January 27, 2014 @ 7:41 am

    It will be returned to the sender stamped “Unclaimed” or “Refused”. No they won’t leave her alone. She needs to call them and explain and see if they can set her up on lower payments so she can get the card paid off.

  2. WT
    January 27, 2014 @ 8:39 am

    I read an article from Dave Ramsey, and it said that credit card companies will not sue because the costs to sue outweigh the outstanding debt on a credit card. He calls these “creditor tactics.” He says that they use them to invoke fear into the customers.

  3. ebosgramma
    January 27, 2014 @ 9:34 am

    The letter will be returned to the sender marked as “refused, non deliverable or not picked up”. Refusing to accept the letter will not keep them from suing her. When they sue her a sherriff will hand deliver the notice, she will not ignore him/her.
    Once served if she does not show up for her court hearing the judge will order a judgement against her. Just accept the letter and call them. Agree to minimal monthly payments and clear the debt.

  4. Steveo
    January 27, 2014 @ 10:04 am

    If your friend and it’s not you, refused to accept, then the credit card company will go to court with the proof of attempted service. They won’t leave her alone. Just think, they went to the trouble of a certified letter, and you think that this will stop the action? No way. Whatever her financial trouble is now, will get worse. It’s just like not wanting to go to the doctor for fear of a finding of a tumor in a lump in your breast. Not going is not going to help, because it won’t go away on it’s own.

  5. Pobept K
    January 27, 2014 @ 10:49 am

    it does not matter that she refuses to receive the letter. It will be returned to sender, filed in her file and is all the proof need that a valid attempt was made to communicate with her if the decide to take her to court.

  6. OC1999
    January 27, 2014 @ 11:22 am

    The worst thing she can do is ignore the problem.

    If this certified letter is a summons they won’t leave her alone. It means they already filed suit. Depending on the jurisdiction even if they are unable to deliver the letter it still might be considered a valid service. If she fails to show up for court they will get a default judgment against her. If they get a judgment they can then take further actions such as Garnish her wages(if allowed in her state), or attach any bank accounts she may have.

    Now, if she is getting sued there are some things she needs to look at. They only have a limited amount of time to sue, this is called the Statute of Limitations. Depending on the state this is 2-6 years from the date of her last delinquency. If they filed suit past this date the judge will dismiss the case. She needs to request that they provide proof of her last payment to show that they are still in the SOL.

  7. heybulldog
    January 27, 2014 @ 11:31 am

    If they cant get a hold of you. They will be forced to sue you and you will get a visit from the police with a summons.

    yo, Studly. I never said that they would arrest anyone. What i said was that the police would deliver the summons.

  8. ricks
    January 27, 2014 @ 12:11 pm

    accepting the letter does not mean that she agrees to pay it. It just means she got the letter. They will still sue even if she doesn sign for it. It will actually make it easier for them to win the case if she doesnt show up. She can contact them & make payment arrangements before it goes to court.

  9. Ask M
    January 27, 2014 @ 1:08 pm

    Probably serving her a judgement. She should really
    sign for it, it could also just be a statement and they
    have a return receipt on it that she received.

    If it is from a couple of years ago, and it is not
    from the Original Debtor it is probably a Collection
    Agency and she can fight them by sending a letter
    asking if the PURCHASED the debt (and not assigned)
    the debt and to validate that she AGREED to pay
    them (not validating what they are collecting for)

    read thru creditinfocenter com wording is everything

    and even if it is a summons to appear, she can still
    fight them, she’ll need a Consumer Law Lawyer, they
    expect her NOT to show up so they win by default
    and usually when you say you will appear and they
    no you have a defense against them. They don’t
    show up. You never know.

  10. Slim Whitman
    January 27, 2014 @ 2:06 pm

    She needs to deal with it. Ignoring problems do not make them “just go away”.

    Collections will attempt to contact the person to arrange payment of the debt. If the person fails to communicate the collector can take legal authority to have the court garnish pay checks, and other sources of funds.

    Regardless of how old the debt, if the owes the money she needs to see what she can do to get current on making payments. I’ve found that IF you communicate with creditors, and make arrangements, and stick to the arrangements calls stop coming in.

    Denial is not a river in Egypt. She will feel more power is she faces the problem rather then attempting to ignore it.

    I do believe the Dave Ramsey tact is good, pay what you can pay. But don’t ignor it. People who ignor their financial condition and continue to use debt only dig deeper holes.

  11. newjerseyguy
    January 27, 2014 @ 2:09 pm

    If you refuse to accept a certified letter, the postal service will return it to the sender. What the impact will be, only your friend can say.

  12. Studly
    January 27, 2014 @ 2:20 pm

    OC once again has the only decent answer…the rest of these people don’t have a clue what they are talking about! And in this situation if you listen to them you will be in a whole world of hurt!

    WT, this is why I never recommend anyone listen to Dave Ramsey. He is more interested in making money off people having a hard time then with giving out good advice. Trust me, I am in court 2-3 times a month helping people with problems….I see credit card companies sueing all of the time! True, debts of $ 500 are not of interest to them, but the will sue for $ 2000.

    Heybulldog…that’s the nonsense collection agents tell people…pay up or we call the police and arrest you! This is a civil matter, not a criminal one. The police do not arrest people for bad debts. Go peddle that nonsense someplace else.

    Ask M, I’ve seen you pass that answer around all day now…..it doesn’t work! They are NOT selling the contract, they are selling the debt! it’s totally legal. Perhaps you could share your awesome defense tactics with us and explain how you can stop such transfer?

    OK, let me answer your question…please listen carefully because this is important!

    It is very likely that the letter is a summons. The easiest way to serve them is by certified mail/return receipt. If you refuse to accept it, then the next step is for the process server to attempt to come to your home or work and serve it personally. If you still dodge them, they will go to the court and request an “alternate service”. That means they can simply tape it to your door, send it by first class mail, or even post a notice in the newspaper.

    In other words, they will eventually serve you. I know….I do part time process serving in the state of Michigan.

    You need to find out what the date of the trial is and be sure you show up. If you don’t, they will be awarded a default judgment. And they will likely tack on a bunch of illegal collection fees. You must be there to defend yourself.

    Also, as OC says, you need to verify the statute of limitations and see if they can legally sue you for this debt. If not, you must appear in court to offer an “affirmative defense”, or else they will win.

    In other words, quit trying to hide. They will eventually serve you.

    If you expect to lose, you can file a motion with the court for installment payments. This will prevent the creditor from garnishing your wages by 25%, or taking your property or bank accounts. But again you need to show up in court to do this.

    Contact the court, find out what the lawsuit is about and when the date is.