What do I do if my payment plan on a credit card is refused? 19 Answers as of June 07, 2011

I have to go to court about a credit card. I call the lawyer to make a payment plan but he refuse to accept my offer what can I do.

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Jackson White, PC
Jackson White, PC | Spencer Hale
If a credit card refuses your payment plan then you can either offer a different plan or you can file bankruptcy or you can put your head in the sand and let them garnish wages. My advice is to do one of the first two options.
Answer Applies to: Arizona
Replied: 6/7/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
If they aren't willing to accept your payment plan, you need to start looking into other options that might fit your financial situation (maybe debt resolution companies, BK?).
Answer Applies to: Washington
Replied: 6/7/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Ask for the Judge to arrange for the payment plan. If the Creditor already has a Judgment, you should have a Motion for Periodic Payments or Motion to Show Cause as to why you aren't paying the debt, in that hearing you could ask for a payment plan. You also could file a Motion with the Court requesting a payment plan.
Answer Applies to: New Hampshire
Replied: 6/7/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
Assuming you don't have a defense to the claim, your options are to endure garnishments or file bankruptcy.
Answer Applies to: Oregon
Replied: 6/7/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
If you are being sued by a credit card company it is because you breached the written agreement you had with them. The attorney that is suing does not need to make any payment arrangements with you. He or she will simply go forward with the lawsuit against you and obtain a judgment against you. They then use this judgment to do a variety of things to collect on it. For example, once the judgment is obtained they can record liens against your home, garnish your wages, levy on your bank accounts, etc.
Answer Applies to: California
Replied: 6/7/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Bankruptcy is the only option that the creditor has to abide by in terms of complete discharge of debt or a proposed repayment plan under Chapter 13.
    Answer Applies to: Indiana
    Replied: 6/7/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you owe money on a credit card the company does not have to agree to a payment plan. You might want to consider a Consumer Credit Counseling payment plan. If you debt is overwhelming seek the advice of an attorney as to your options.
    Answer Applies to: California
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You stop talking to their lawyer, which was the worst thing you could have done, and you get a lawyer within 30 days of the case being filed. Generally, if you cannot cut a deal, you file bankruptcy if you qualify.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    It depends on what property you have that the creditor could ultimately go after. If you literally don't have anything, or if all your property is jointly owned with a spouse, they may not be able to execute on your personal property. If they can't get anything from you, they don't have any way to force you to pay. (**IMPORTANT** - This varies by state. You should seek advice from an attorney in your area.) If you simply can't come up with a way to make payments that you both agree on, you may not have any options that protect your property other than to file bankruptcy. (Again, this varies by jurisdiction since different states have different exemptions.)
    Answer Applies to: Pennsylvania
    Replied: 6/7/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Nothing you can do about it unless you have a signed, written agreement about it with the bank, have complied with it 100% and can prove it. Even one slightly late payment can bring to an end the payment plan.
    Answer Applies to: California
    Replied: 6/7/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You should consider bankruptcy.
    Answer Applies to: California
    Replied: 6/6/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Pay him in full; get garnished; file bankruptcy. Those are pretty much your choices.
    Answer Applies to: Virginia
    Replied: 6/6/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    By the time they sure you they aren't willing to negotiate until they get a judgment. They might accept a plan after that or they may garnish your wages or freeze your bank account. Bankruptcy can recover any funds that may be garnished. But when you go to court in the first place, make them prove it's your account, for example by showing your signature on the original contract. Just a name and account number isn't proof the debt is yours.
    Answer Applies to: Virginia
    Replied: 6/6/2011
    Robert Peters, P.A.
    Robert Peters, P.A. | Robert L. Peters
    You can make another offer or consult with an attorney to look at your entire financial situation and make recommendations.
    Answer Applies to: Florida
    Replied: 6/6/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You may wish to consider filing bankruptcy. A consultation with a bankruptcy attorney in your area will help you examine your options.
    Answer Applies to: California
    Replied: 6/6/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    They do not have to accept any payment plans from you. Consult with a lawyer about bankruptcy. As we say here, "bankruptcy is not a bad word." If you file a Chapter 13 bankruptcy they have to accept the plan you propose if it meets the requirements of the Bankruptcy Code.
    Answer Applies to: California
    Replied: 6/6/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You will likely lose the lawsuit as only the creditor can agree to a payment plan, not the Court. However, you may be able to discharge the debt in a bankruptcy case. Call us to set up a free initial in-person consultation.
    Answer Applies to: California
    Replied: 6/6/2011
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