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I am being sued for 19,000.00 on a credit card

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I am being sued and cannot afford a lawyer. I only have one delinquent credit card (the one I am being sued on). I am current with everything else, mortgage, auto, equit and 3 other credit cards (all with much lower balances). In Massachusetts if they garnish my wages it will be $125.00 a week ($500 a month) which will cause me to default on my other bills. I could not afford to keep up with the payments when with the creditor (Bank Of America) as they were about $400/month (so how can I pay $500 via a wage attachment) What are the odds they will let me pay $125 - $150 a month or should I just go to court and tell this to the judge. I am not a deadbeat and only have this one credit card issue. I am a paycheck to paycheck person and do not know what to do. My wife is now disabled which is when the trouble began. She was not working for 2-3 years and now on disability but only getting $750/month when she was getting $1400/month working. In addition, I was paying $850.00 month for family health insurance and have had serious operations over the past 8 years including both knees and both hips totally replaced. Will a judge consider any of this? Any help is appreciated. Thank you.




SOAPLADY


Debt Samaritan
Posts: 17188
Credits: 474436.63869987

Sub: #1 They are not likely to accept that amount per month as a payment
Fri, 06/24/2011 - 18:28

They are not likely to accept that amount per month as a payment plan as a contingency judgment....according to my calculations $19000 x10% MA interest rates on judgments results in $158 in interest charges a month. You would never pay it off.

You might want to look at chapter 13...I would suggest talking with a bankruptcy attorney.




generallee
Debt Samaritan
Posts: 150
Credits: 2948.35

Sub: #2 first off, respond to the lawsuit thru your court.. you can do s
Mon, 06/27/2011 - 20:52

first off, respond to the lawsuit thru your court.. you can do some searching online as to how to respond, and also ask a bk attorney.... one thing i have read to do in the response to the suit is to ask for a debt validation letter. the sooner you respond to the suit at courthouse, the better.. you could also do an assets/liabilities form that is filled out & include it in your response..then appear in court... take with you a copy of the assets/liabilities form you completed, copies of check stubs, copies of mortgage payments, car payments, household bills, medical expenses, work transportation expenses and anything else that are "necessities".
what might bite you , is the fact you are making payments on other cc's... they can put a lien on your home at the courthouse, even if you do not have any money left to pay from your paycheck...

we are in a similiar situation as you.. only i am still fighting for ssdi benefits, so we only have one income..i am worried that two of our cc's (1 in mr generallee's name) will end up in a lawsuit, and what i stated above is what our attorney advised us to do, just in case it happens.




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