QUESTION
What should I do if a credit card company filed a civil action hearing against me?
Asked on Jul 11th, 2011 on Bankruptcy - California
More details to this question:
I owe the credit card company but have been unable to pay because of job loss. They filed a civil action Hearing against me.
11 ANSWERS
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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What to do depends on how much debt you have, whether any of it is in dispute, what assets you have and what the rest of your personal financial situation is like. -
Answered on Jul 15th, 2011 at 11:53 AM
Samuel Lee Tucker
You need to look at your total financial situation- if you cannot reasonably pay off your unsecured debt in twenty-four months I suggest filing a Chapter 7 bankruptcy. By "reasonably" I mean paying substantially more than minimum payments against your balances, and having enough left in your budget to save 5% of your take home pay, pay your rent/house note, utilities and day to day costs of existence, i.e., food, clothing, entertainment.
Answered on Jul 15th, 2011 at 11:39 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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You should speak with an attorney about your options and your circumstances to make a decision as to whether you should defend or file a bankruptcy.
Answered on Jul 15th, 2011 at 11:27 AM
Bankruptcy Attorney serving Tacoma, WA
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Scott L. Taylor Attorney at Law
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Once they obtain a judgment against you, they will be able to garnish your wages once you are back to work. A Chapter 7 or 13 will most likely solve your problem.
Answered on Jul 15th, 2011 at 11:25 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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1, Pay it in full; 2. Negotiate a lower amount and/or payment plan and pay it; 3. File a bankruptcy case; 4. Answer the complaint in the Superior Court within 30 days from the date you were served with the summons and complaint and litigate the matter in Court.; 5. Let the case go to default judgment in which case the creditor can garnish your wages when you go to work, levy your bank account nor whenever you have any money in the bank and/or file a lien against your property.
Answered on Jul 15th, 2011 at 11:14 AM
Christopher H. Ariano
You can file a response to the lawsuit which will slightly delay their collection efforts. The court will have to set a hearing for you. In the meantime, unless you have a legal excuse as to why you did not pay the debt, I would plan on filing bankruptcy if it makes in your particular situation. Please contact me if you would like to discuss further.
Answered on Jul 15th, 2011 at 10:07 AM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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Your options are to file bankruptcy or try and settle your debts. If you have no income, chapter 7 bankruptcy is probably your best option.
Answered on Jul 14th, 2011 at 1:45 PM
You need to file an answer within thirty days of being served, otherwise the court will enter a default against you.
Answered on Jul 14th, 2011 at 1:29 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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You need to go to court do they don't get a default judgment. Make them prove it's yours by showing your original signature on the contract. If they can't, they lose. Or you could file bankruptcy and eliminate all claims against you.
Answered on Jul 14th, 2011 at 1:28 PM
Glen Edward Ashman
You have a legal emergency. That means you see a lawyer immediately. 30 days after service, your case goes in default (you lose) and your creditor, once you go back to work, can grab your wages, bank accounts, etc.
Answered on Jul 14th, 2011 at 1:14 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you are being sued you have legal rights, including the right to try to settle the case. If you are currently unemployed and can' t make a payment you can still set something up based on your returning to work. Good luck!
Answered on Jul 14th, 2011 at 1:12 PM