If I am being sued for credit card debt and have no funds for an attorney, what do I do?
Question Details:
I have recently been diagnosed with uterine cancer and I have no health insurance. I have a job that is per diem and a hiring freeze at work prevents me from going full time to obtain benefits. I can't pay this debt and others pending if I am fighting for my life. Would a hardship such as this cause the judge to rule in my favor? My court date is 07/21/10.
Hi. I am a Missouri attorney that handles creditor-debtor issues on behalf of debtors that have been sued, throughout most parts of the state.
The first very important piece of advice is to be certain that you or an attorney appears in court on the scheduled court date, on time. A failure to appear, or have an attorney appear for you, will result in an automatic judgement, known as a "default" judgement, being taken against you, for the full amount that they allege that you owe, plus attorneys fees. If a judgement is taken against you, creditors have numerous options for enforcing that judgement. They can garnish your wages, freeze your bank accounts, or obtain a forced sale of your property.
Most attorneys who practice in this area will be able to negotiate with the attorneys who are representing the creditors. Negotiation can often result in working out a payment arrangement that can fit into your budget, frequently with low monthly payments. Attorneys can typically obtain such an arrangement and then file the appropriate paperwork with the court. The paperwork will usually indicate that the creditor will dismiss the case against you, provided that you make monthly payments at the amount negotiated for.
You can appear in court on your own if you choose, although it can be difficult to have an opportunity to discuss payment arrangements with the attorneys for the creditor. If you contest that you owe the debt entirely, or the amount allegedly owed, you have the option to schedule a trial, in front of a judge.
Also, if you request, most attorneys can get time extensions from the creditors, and from the court, which would allow you to have more time to save any additional funds to make periodic payments on the debt that will fit your budget.
I can be reached via e-mail at mth2000@yahoo.com. Thanks.
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client privilege or relationship between the user and the attorney responding.
I am so sorry for you present situation and I wish you all the best. What you need to do is get some legal help before your court date. If you qualify for what is known as "low income" status then there are some agencies in Montana that may be able to help. Even though some of the agencies normally do not help with debt issues, this economy has cause an expansion of the issues that legal aid agencies take on. And if they do not help with actual collections they may be able to guide you in through a service they do handle, such as bankruptcy. They also may be able to help you with the availability of public benefits under your circumstances. Here are some links. Copy and paste them.
http://www.mtjustice.org/our_grantees.htm
http://www.usattorneylegalservices.com/free-legal-aid-Montana.html
http://www.doj.mt.gov/consumer/consumer/default.asp
Also contact the State Bar association or local Bar Association. Good luck.
