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How can I avoid being taking to court by one of my credtiors?
Texas City, TX
Viewed 35 times.
Posted 6 months ago in Bankruptcy / Debt
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It has been just a yr since my husband and I have not been able to make any payments on our credit cards or on some personal loans we have. I just found out today that one of the credit card people are filing suit. I talked with their lawyer and he said they are willing to do a settlement for half which is $1200 and can be broken down into 2 payments but still I don't even have that kind of money. The most I can come up with by the end of this month is about $200. Since I can't do the full payment of $600 will they still take me to court or will they try to work with me on getting this settled without all of the legal issues and having to go to court.
Answers (1)
John W. Carini
This attorney is licensed in New York and 1 other state.
Posted 6 months ago.
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Only they know under what circumstances they will file suit and under what circumstances they will settle. It sounds like you are a good candidate for bankrupcy, (which is out of my area of expertiese), but I do know that a bankrupcy filing stays all other actions/lawsuits. I woud talk to a bankrupcy lawyer. In the meantime tell them that you are contemplating bankrupcy, (true), and the most you can come up with is X dollars, and if they don't like it, they can file suit. You can then promptly file bankrupcy and stay the creditor's lawsuit. However, once they know that you are aware of your rights, they will probably change their attitude. I would also consider contacting a consumer rights lawyer in your vicinity as a suprising number of professionals violate the Federal Fair Debt Collections Act, and then THEY can be sued by you. FInally, if you are judgement-proof, (you have only minimal assests, no real estate equity, etc,). Tell them that and tell them to "pound sand," that you can't get blood from a turnip--you have nothing to give, (if that is true).
Good Luck |
