What are my chances of getting a judge to side with me if this debt collection case goes to court? 8 Answers as of April 14, 2014

I have been contacted by a debt collector for a US bank that has given me 3 options to pay off the debt, none of which I can afford. They are threatening legal action if I don’t take one of those and they will not consider a lower payment option which I could afford.

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Patrick W. Currin, Attorney at Law | Patrick Currin
Your chances are zero if the creditor can prove the account was yours. The only option then would be BK or just wait and let them try and enforce the judgment via wage garnishment or some other method.
Answer Applies to: California
Replied: 4/14/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If they threaten legal action you should sue them under fdcpa. That will get their attention and you can collect damages and they will have to pay your legal fees.
Answer Applies to: New York
Replied: 4/14/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Let them take legal action when they get a judgment you can ask for payments..
Answer Applies to: Michigan
Replied: 4/11/2014
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
The collector may be violating the Fair Debt Collection Practices Act. WE offer a FREE review of this matter. As for what the judge will do, there is no answering that. Judges are all over the place and you never know when you get one that gives a hoot or not. Usually, those cases are being herded through those courtrooms like cattle. But if you are smart and diligent you can protect yourself and get the deal you need.
Answer Applies to: Illinois
Replied: 4/11/2014
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
If the debt is still owned by the bank, they may be able to prove their case, get a judgment, and seize your wages or property to the extent allowed by law. Since there are substantial exemptions (e.g., not more than 15% of wages in excess of minimum wage, $4000 in any bank account(s)), it is likely that a payment plan can be worked out in court. If the debt is in the hands of a debt buyer, it is unlikely that they can prove their case unless the debt is large and they get a witness from the original creditor.
Answer Applies to: Illinois
Replied: 4/11/2014
    Timothy Casey Theisen, P.A. | Tim Theisen
    The judge doesn't care whether you can afford it, they only determine if you owe it.
    Answer Applies to: Minnesota
    Replied: 4/11/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Compromises must be made with the agreement of both parties, and that does not appear possible given your factual scenario. Therefore you have no choice but to go to the judge and once the liability is established ask for installment payment you can afford.
    Answer Applies to: Michigan
    Replied: 4/11/2014
    Stacy Joel Safion, Esq.
    Stacy Joel Safion, Esq. | Stacy Joel Safion
    Not a chance.
    Answer Applies to: California
    Replied: 4/11/2014
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