If I have to go to court for credit card debt what can I expect?

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If I have to go to court for credit card debt what can I expect?

Do I have to give the court any of my finanical information? Can they acess my bank account and take money? Can they make you use you tax refund to paid this debt? I was told they are going to put a lein on my home. I get a penison and my husband is on SSI.

Asked on February 2, 2012 under Bankruptcy Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Okay you need to take a deep breath.  They have not taken a judgement yet, correct?  Then you still have the room to negotiate the matter.  First,when you gotocourt make sure that you file an Answer to the proceeding.  This is very important. If there is no judgement they can not take any return or put any levy or lien of your accounts or property. Plus SSI is exempt from garnishment as are pensions so you just have to make sure that the bank is aware that the funds depositied are exempt funds.  Now, when you go to court you can enter in to an agreement to repay the debt. Make sure that you cagree to an amount that you can actually pay back. Do not  agree to an amount just because you feel pressured. If the lawyer is unreaasonable then ask to go before the judge or the law secretary for a conference and explain that you wish to pay but only X amount.  Most judge's are reasonable.  Good luck.


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