What to do if I’m being sued by a debt collector for a credit card debt and can’t afford to pay?

UPDATED: Jul 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 19, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I’m being sued by a debt collector for a credit card debt and can’t afford to pay?

I just recently recieved a summons from a debt collector tjat me for a debt. My problem is this, I’ve was out of work collecting unemployment, so I was unable to keep up with the payments. The credit card company refused to help me and it was either pay them what I couldn’t afford or keep my lights on and buy food. Now I have gotten a part-time job and collect partial unemployment. They are suing me for the debt, yet I still do not make enough money to even attempt to pay them. What do I do? And I did file bankruptcy in 2005 already (lost my job then too).

Asked on July 19, 2011 Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may not have much you can do, yet. No matter how much you feel you made the right choice in not paying the credit card company, they have a right to be paid--you have no right to not pay them. And they also are under no obligation to help you out; they can insist on being paid as per the terms that you had agreed to. You can try to negotiate with them, but can't make them come to an agreement. It may be that your best bet, given that it's already more than half-way through 2011, is to seek to delay matters--e.g. file an answer to the summons and complaint, so you don't lose by default--as long as possible, until enough time has passed that you will have the option of filing bankruptcy again in relation to this (and any other debts) if you so chose. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption