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credit card debt Credit Cards, Rating, Repair

Discussion in 'Credit Cards, Credit Rating Repair' started by romerok03, Dec 16, 2016.

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  1. romerok03

    romerok03 Law Topic Starter Guest

    Jurisdiction:
    Arizona
    I owe approximately $25k in credit card debt. I received a court order to appear on December 4th but there was no date or time to appear. Can I still contact the creditor to try to work out a payment plan and if we make an agreement can they still take my bank account or federal tax return. I live in Arizona.
     
  2. ElleMD

    ElleMD Well-Known Member

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    And when you contacted the relevant court to ask what date and time your case was being heard, what were you told?

    You also haven't mentioned what the outcome of said court date was, assuming it has already happened.
     
  3. romerok03

    romerok03 New Member

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    I have not contacted them yet.
    The court summons said I have 20 days to reply so have not contacted them yet. Was hoping I could contact the creditor and work something out before then.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Unless you've got something very convincing to offer I highly doubt the creditor will work anything out with you. Why should they? The money expended to pay for an attorney is spent.I can't see the creditor dropping their case as it makes no sense to pay to start again. Right now you're probably also hoping to save the cost of the attorney's court appearance from being charged to you. You're probably liable for costs of collection, which includes legal fees. What do you have to offer the creditor that will convince him to adjourn the court date to a later date? You should prepare having a good answer to that question. I'm very sorry to hear about your problem and wish you the best of luck going forward.
     
  5. army judge

    army judge Super Moderator

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    Talk to a bankruptcy lawyer in your county, in fact talk to at least two such lawyers.
    Facing a massive $25 K finding against you, a chat with a BK lawyer could offer you great hope and help. Don't hesitate, talk to at least two lawyers tomorrow or Monday at the latest.
     
    Michael Wechsler likes this.
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    The bankruptcy lawyer suggestion is a good one. Should always consider it if you are nowhere near able to meet your debts and they are massive enough to warrant such an extreme measure.
     
  7. Betty3

    Betty3 Super Moderator

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    You can contact the creditor to see if you can stop the lawsuit. Whether you "might" be able to stop it depends on what kind of "offer" you can make them re payment.

    Otherwise, you might consider bankruptcy as suggested - a bankruptcy lawyer can help you decide if that might be an option/best option for you.

    Good luck.
     
  8. romerok03

    romerok03 New Member

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    My original question was..IF we were to come to an agreement, can they still freeze/take my bank account and/or federal tax return?
     
  9. army judge

    army judge Super Moderator

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    Not until they prevail in their lawsuit, once they receive a judgment, YES, all you asked about and more.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    No, not without a judgment.

    But if the lawsuit ran it's course and they got a judgment against you they could levy your bank accounts and garnish your paychecks but could not intercept your tax refunds. Only government entities can do that.

    As for working out an agreement, unless you have about 70% to 80% of the debt to offer in cash, I don't see any agreement happening since the lawsuit is pretty much paid for at this point and there is no defense to owing the money.
     
  11. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Hi Telles, if you'd like to ask your own question, please start your own thread. Unfortunately we've had some spammers for fixmytimesharenow legal services here and I'd be concerned about anyone associated with such activity. We're going to close this topic and all others from the past few months so this doesn't occur again. Thanks for your understanding.
     

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