How can we get a collectins attorney to keep our repayment arrangement?

My wife and I have been paying faithfully to an attorney on a credit card debt at a beginning rate of $250 per month for a year then up to $550 per month. We barely afford that and now we are suppose to pay $675 per month for the remaining 14.5 months to pay it off. We can’t afford that especially since we had a baby. There is only 4 months difference in the 2 payments. Is there a way to keep our current payment through the end even though the attorney does not want to do it that way? What is the process if anything? If we default, they get a judgement and can garnish wages which will cause us to lose our house and possibly our vehicles.

Asked on January 10, 2013 under Bankruptcy Law, Minnesota


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

You ask how to get an attorney to help you.  I suggest you make several phone calls to attorneys, because it is very important that you feel a sense of great safety and trust with the attorney you choose to help you.   I would speak with you at length and review any written agreement you made, in light of governing laws (often state and federal law is applicable to credit card matters).  Oftentimes I negotiate on the client's behalf with the 'opposing' attorney.  I aim to be persuasive as I try to help the client reach his/her goals.  Since my role is to be the client's effective advocate, I am thoughtful and deliberative as to which points I make to the opposing attorney.  Sometimes one or more laws may have been violated and, if so, that is certainly a strong negotiating point. 

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