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What can happen to me if I am being sued by a credit card company for breech of contract? My only income is Soc.sec,disability.

Forsyth, MO |

I haven't been able to make a payment to my credit card since February and am now being sued for breech of contract. My family of 4 are now only surviving on my income of social security disablity and are receiving food stamps and can barely pay the bills. I have court next week and I cannot afford a lawyer. I haven't had a lot of time to deal with this because I am ill with cancer,and just had surgery on Sept.30. Would I qualify for a public defender? If so,how do I go about getting one? Can they send me to jail for the 2,600 debt?They are also suing for court costs.

Attorney Answers 1


I am saddened to hear of all your problems, which have much more importance, than this rather small collection matter.

You can not go to jail, with the facts in your inquiry.
It seems odd that the credit card company is proceeding, if they know the facts.
If you are unable to go to court next week, due to recent surgery, you may be able to delay the hearing, by contacting opposing counsel and the court to ask for time by filing a written motion, and to tell them you are on social security, which the lender likely can not seize, even if they do get a judgment.

With so many issues, and a lack of resources, you would benefit from consulting with a volunteer attorney.

There is no public defender system for this, which is only available in certain criminal cases, which this is not a criminal case.

It may be that you need not worry about any of this, because you appear judgment proof, meaning the creditor is not likely to be able to collect anything from you.
If your debts are overwhelming, the filing of a bankruptcy would likely discharge a debt such as this, along with others, and you should confer with an experienced bankruptcy attorney.
Many offer an initial consultation at no charge.

What likely will happen, is that once these parties understand your financial situation, there will be a judgment, that is not collectable, and that judgment will be discharged whenever you decide to file bankruptcy.

General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.

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Gary D. Bollinger

Gary D. Bollinger


Attorney Weston wrote, "If you are unable to go to court next week, due to recent surgery, you may be able to delay the hearing..." You wrote that your surgery was Sept. 30: this being Sept 21, as I write, I do not believe your surgery was "recent" as any court or opposing counsel would define that term. As to going to jail, the Writ of Body Attachment --convoluted as it may be-- cannot, in my opinion be eliminated. As Attorney Weston sagely advised, "you would benefit from consulting with a volunteer attorney."

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