PostHeaderIcon do court systems force people who have no ability to pay unsecured credit card debts?


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my wife, just out of pregnancy with a newborn, is being sued by Capital One for a $2000.00 credit card debt. We offered to pay the minimum but they refused. I’m unsure if I could even afford bankruptcy. We have a large mortgage, living expenses with no disposable income for any debt-consolidation. Facing pending foreclosure. If we are summoned to appear before the court, what would the court possibly expect us to do except what we could afford to do?????? what could we expect from the court from credit card company suits??????

7 Responses to “do court systems force people who have no ability to pay unsecured credit card debts?”

  • whoeveruneedme2be says:

    That seems excessive, I have gotten into credit card trouble before and they gave me plenty of chances to pay and even cut the debt in half to get me to pay so I think there must be more to this story.

  • Stingray says:

    Hi,

    Is your wife being sued? Or are there just threats of a law suite. If you were being sued, you would have already received a summons to appear in court, which sounds like you have none.

    If you indeed wind up going to court, you can petition the court for a settlement for Penny’s on the dollar. Capitol One will try and get the whole amount and make you believe you have to pay the entire amount, but what they want and what they get are two different matters.

    I had an overdue account with Capitol One years ago, and they tried the same scare tactics and wanted the whole amount, I told them point blank, either accept my settlement terms, or you can go to H e – - and kiss my A – -. They wound up writing it off. Stand up to them, there is no such thing as debtor prison, and it is nothing more than scare tactics.

    After 7 years, the smear on your credit record must by law, be removed completely.

    From the way it sounds, I would proceed immediately with filing bankruptcy. There is always a way to work out the filing fee.

    Good Luck, and don’t take any crap from Cap 1.

    Darryl S.

  • dizzydaddy says:

    good luck, thr credit card co. took the risk.so youre best bet is to talk to a credit specialist they do help,but be wise some are crooked

  • kendell c says:

    All bankruptcy is wage earner now days. They look at your bills such as rent, utilities, groceries, all you living expenses and then they look at how much you owe your creditors. they determine how much you can pay the court each week and you pay it. Mortgage companies and secured debts are paid first as is child support and back taxes whats left is divided amongst your creditors which is usually “squat” If you are behind on your bills your credit is probably shot as it is. Bankruptcy wouldnt do any more damage. A good lawyer may be able to get your house under the wage earner and im many cases reduce the interest rates especially if you are paying high interest rates on a car. most lawyers calculate their fee into the weekly court payment. Bankruptcy will stop everything, foreclosures, suits, harrassing calls. Its worth a call to a lawyer. Make sure you list EVERYTHING you owe. If its not included you are responsible for it.

  • barbara says:

    With a new baby on the way,large mortgage and living expenses and no disposable income-what the f**k was she doing spending $2000 in the first place?

  • Phil R says:

    The advice by Kendall is incorrect. All bankruptcy is NOT a “wage earner” bankruptcy. A “wage earner” bankruptcy is also known as a Chapter 13 bankruptcy, and presumes that you have sufficient means to pay back a portion of your debt. That may or may not be the case.

    I suggest very strongly that you consult an attorney who practices bankruptcy law in your state. The bankruptcy law is a Federal law, but the exemptions for property and the procedures are governed by state laws.

    In “MOST* Chapter 7 bankruptcies, unsecured debt can be eliminated, and secured debt is retained. This is because a Chapter 7 bankruptcy will technically avoid the debt, but not the lein on the property involved. I won’t go into specific details on this unless need be.

    Regardless, under the circumstances you provided, you need to consult with a bankruptcy attorney who can advise you on how to proceed. For a referral, call your local or state bar association.

  • gabriel s says:

    Bad credit is one of the worst problems to have… however there exists a solution.

    I will hereby talk from my personal experience.

    I did debt consolidation a couple of years ago, however If I had to do it again I would pay to some minor details,
    if someone wants to get out of debt today it is pretty easy with a debt consolidation plan, however it may get a bit tricky at times, I suggest you get as much information as possible online on this first,

    a good place to start in my humble opinion is astraight to the point ebook with question and answer I found :

    http://umgarticles.atspace.com/debt-consolidation.htm

    if it helps kindly remember me in your voting!.. cheers!

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