A final follow up to my earlier questions regarding my small claims court tomorrow.

Asked over 2 years ago - Mashpee, MA

I do in fact owe this old credit card debt but am unable to pay due to basic monthly living expenses along with extensive medical bills related to two on-going medical conditions. When I appear tomorrow for the hearing and plead guilty, can I then ask the court to review my finances and set-up a payment plan based on what I can afford?

Thank you in advance.

Attorney answers (3)

  1. Andrew Daniel Myers

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Do not just roll over and play dead to these people. Attorney Russell is correct. In addition, you can object to the introduction of evidence, for example, there must be proof that you incurred a debt either through the original loan application or a valid assignment of the debt. I just had a major creditor ask for a dismissal of its own collection case because they could not produce the required evidence. I demanded the loan origination documents for my client and they could not find them. It is true that the small claims courts have relaxed evidentiary rules. But, it is also true that even in the small claims courts the plaintiff, the credit card company that brought this case, has the burden of proving each and every element of their legal claim and if they prevail after failing to do so, you may appeal their small claim judgment.

    My office represents consumer debtors in matters including collections and chapter 7 and chapter 13 bankruptcies in Massachusetts and New Hampshire.

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    Law Offices of Andrew D. Myers

    North Andover, MA - Derry, NH

  2. Glenn F Russell JR

    Contributor Level 8

    Answered . Hello

    You should challenge their "standing" I guarantee that these people do not "own" the debt,or if soit was [ushased for pennies credit card debt was "securitized".

    Also challenge themas a non-real party in interest under Rule17..

    Best of luck

  3. Stephen Nathan Doan

    Contributor Level 15

    Answered . In a civil matter you do not make a plea. If the creditor prevails they will obtain a judgment against you. The court will not mandate nor must the creditor accept any form of payment plan. You may be entitled to various exemptions to protect your asset from attachment.

    Have you considered bankruptcy as an option? It sounds like a fresh start maybe what you are in need of.

    I strongly advise that you consult with an experienced bankruptcy attorney near you. Most offer a free consultation.

    Best Wishes,

    Steve Doan, Esq

    This information is provide for informational purposes only as a service to the public, and is not legal advice or... more

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