What should I do if a bank is suing me for unpaid credit card money? 34 Answers as of January 05, 2012

A bank is suing me over unpaid credit card money. I know I owe them about $11,000.00 before I closed the account in 200, but now the are asking for $18,000.00 plus. What should I do?

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Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Whether it's $11K or $18K, correctly filing a good-faith voluntary bankruptcy petition would stay such a lawsuit and permit its subsequent discharge (absent fraud or other exceptions to discharge). This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answer Applies to: California
Replied: 1/5/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
You should consider Chapter 7 bankruptcy or Chapter 13 bankruptcy as a solution to either repay the debt in part, in whole over time, or not at all.
Answer Applies to: Indiana
Replied: 12/14/2011
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Call them and see if they will take payment arrangements. Good luck.
Answer Applies to: Michigan
Replied: 12/9/2011
Mazyar Hedayat and Associates | Mazyar Malek Hedayat
If you are being sued for past-due obligations you should consult a qualified Attorney in order to find out if negotiation, active defense of the suit, or bankruptcy is your best option. Since you admit that you borrowed the money at issue, and only the amount is in dispute, it appears that bankruptcy will be among your best options. Speak with an Attorney in your area to decide.
Answer Applies to: Illinois
Replied: 12/8/2011
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
See if they will settle for 3,000 and get an agreement in writing.
Answer Applies to: Georgia
Replied: 12/8/2011
Law Office of Christine A. Wilton
Law Office of Christine A. Wilton | Christine Wilton
Your non-bankruptcy option is to negotiate a settlement of that debt quickly to avoid a judgment. Once they have a judgment against you, they can garnish wages or levy bank accounts and otherwise begin taking your assets to pay off this debt. You also have the option of filing bankruptcy to stop the lawsuit and discharge this debt. Only you can decide which direction is right for your financial situation.
Answer Applies to: California
Replied: 12/7/2011
The Stockman Law Office | Mary Stockman Esq.
Respond to the pleading with an answer. Then consider filing a bankruptcy petition. Most bankruptcy attorneys will prepare a pro-se answer for you to give you time to file a complete bankruptcy petition.
Answer Applies to: Florida
Replied: 12/7/2011
Dan Wilson Bankruptcy
Dan Wilson Bankruptcy | Dan Wilson
If you have cash you can probably settle for 50% or less. Otherwise you should consider BK.
Answer Applies to: Colorado
Replied: 12/7/2011
Law Office of Bijal Jani | Bijal Jani
You should seek out legal assistance with an experienced attorney who can first review if all your rights are being protected, and also to seek out a settlement of the debt or, in the alternative, seek out better terms which are more affordable to you.
Answer Applies to: New York
Replied: 12/7/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
See a lawyer about bankruptcy. If and when they get a judgement they could garnish 25% of your gross wages.
Answer Applies to: California
Replied: 12/7/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    File bankruptcy if you are qualified or pay the debt.
    Answer Applies to: Michigan
    Replied: 12/7/2011
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    Here are some options: 1.File for bankruptcy protection, or 2.Call the attorney for the bank and find out if you can make payment arrangements to avoid a judgment against you, or 3. Call the attorney for the bank and try to negotiate a settlement
    Answer Applies to: Minnesota
    Replied: 12/7/2011
    Law Office of John C. Farrell, Jr.
    Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
    You can seek assistance for debt relief such as bankruptcy, credit counseling or debt forgiveness a/k/a debt settlement or negotiations.
    Answer Applies to: Massachusetts
    Replied: 12/7/2011
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    When was the account closed? If it was beyond the statute of limitations they cannot sue for collection.
    Answer Applies to: Utah
    Replied: 12/7/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Bankruptcy will wipe it clean. At this point, even if they settle, they will add at least another 2k of attorney's fee on the balance.
    Answer Applies to: Florida
    Replied: 12/7/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    If you move quickly, you can file bankruptcy and stop the suit. If you qualify for a Chapter 7 case, you may be able to discharge the obligation completely. The alternative would be to defend the collections suit if you have any cognizable defenses, counterclaims or offsets.
    Answer Applies to: Ohio
    Replied: 12/7/2011
    Charles R. Nettles - Attorney at Law
    Charles R. Nettles - Attorney at Law | Charles R. Nettles
    You can fight them, negotiate with them or let them win. A bankruptcy would stop the whole thing.
    Answer Applies to: Texas
    Replied: 12/7/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can file a bankruptcy to either eliminate or reduce the debt.
    Answer Applies to: Florida
    Replied: 12/7/2011
    Sanders Law, P.A. | Andre Keith Sanders
    You can attempt to settle the debt or consider filing bankruptcy if you're unable to pay. It is very possible the bank will end up attempting to sue you at some point.
    Answer Applies to: Florida
    Replied: 12/7/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can file a bankruptcy to discharge all your credit card debt, you can answer the summons and defend and try to negotiate against that creditor in court or if you do nothing, they will then be able to garnish your salary, freeze your bank account and put a lien on any real estate you may own.
    Answer Applies to: New York
    Replied: 12/7/2011
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    I suppose that it doesn't matter what amount the bank sues you for. if you don't have the money to pay them or at least make an offer to settle. If you really feel like arguing and eventually settling this case, you must file an "answer" to the complaint within 28 days of the day you were served with the complaint. Read your Summons. It has a few directions on it for the filing of your answer. Answers are not very hard to do, but you would normally hire an attorney to handle this matter and negotiate a deal based on what you actually owe and what you can afford to pay. However, if you are like most people, you probably owe most of what they have sued for and can not afford to pay any of it. You also may not be able to survive if you get garnished at work. So, maybe you should see an attorney about getting a fresh start in bankruptcy. Mant attorneys don't charge for the first consultation. Give it a try.
    Answer Applies to: Ohio
    Replied: 12/7/2011
    Jakob-Barnes Law Firm, LLC
    Jakob-Barnes Law Firm, LLC | Jennifer Jakob-Barnes
    You have many options. You can explore your possibilities of filing for bankruptcy or answer the lawsuit. I would not ignore it. If you ignore, they will get a judgment against you and then can garnish your bank account and/or wages.
    Answer Applies to: Georgia
    Replied: 12/7/2011
    J.M. Cook, P.A. | J.M. Cook
    Two courses of action: You can settle with the bank, usually for a discount if you can pay the agreed upon amount quickly. If not, the only other option would be to file bankruptcy to discharge the debt. Make sure you do so before the judgment is entered.
    Answer Applies to: North Carolina
    Replied: 12/7/2011
    Law Office of William C. Wood, LLC | William C. Wood
    Consult with an attorney. You may have a statute of limitations defense, depending on how long the debt has been outstanding and what actions the bank has taken. Depending on your overall financial circumstances, you may want to consider filing for bankruptcy.
    Answer Applies to: Maryland
    Replied: 12/7/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    File for bankruptcy or pay whatever the bank will accept in settlement.
    Answer Applies to: California
    Replied: 12/7/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you are being sued by a credit card company you might want to contact them to make a payment arrangement. Or you can let them get a judgment and allow them to take 25 percent of your wages by garnishment until it is paid. You might also want to consider filing bankruptcy.
    Answer Applies to: California
    Replied: 12/7/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    Pay it or file bankruptcy.
    Answer Applies to: Colorado
    Replied: 12/7/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    File your bankruptcy, unless you can pay for it or settle it and even if they settle it they'll want a lump sum, not payments.
    Answer Applies to: California
    Replied: 12/7/2011
    Albert Law Group
    Albert Law Group | Alvin S. Albert
    You should considering hiring an attorney who specializes in debtor defense. Your debt may be barred by the statute of limitations or you may have other valid defense. If necessary, an attorney would be able to also negotiate a settlement. If you chose not to hire an attorney, you should, at a minimum, answer the lawsuit to prevent a default judgment.
    Answer Applies to: Georgia
    Replied: 12/7/2011
    Law Offices of Robert P. Taylor
    Law Offices of Robert P. Taylor | Robert P. Taylor
    With interest there's a good chance you owe them that much. If you have other debts and your income is low enough, you may want to consider wiping it all out with a bankruptcy. I suggest getting a free consultation at least with an experienced lawyer.
    Answer Applies to: California
    Replied: 12/7/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    How about file for bankruptcy? Bankruptcy can discharge credit card debt.
    Answer Applies to: Washington
    Replied: 12/7/2011
    Kern Law | Robert Kern
    I think there is a typo in your question - what year did you close the account? If it has been more than 7 years, the statute of limitations has run, and they can no longer sue you on it.
    Answer Applies to: Nevada
    Replied: 12/7/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You can defend against the lawsuit, negotiate a settlement with the bank, or seek discharge in a bankruptcy case. The increase from $11,000 to $18,000 is not a problem for the bank to collect the $18,000 if interest has been accruing for years. Unfortunately, your details omit the last number of the year when you closed the account, which prevents me from estimating whether the difference is anomalous or not. If you did owe $11,000, the bank likely will receive a judgment to collect $11,000 plus interest plus attorneys' fees and costs from you and that judgment will earn interest after it is entered. Once it has decided to pursue a lawsuit, the bank is unlikely to settle for much less than it is owed, especially if you have property or a job from which the bank can collect. That leaves the last option, which is to discharge the debt in bankruptcy. Over the years, I have learned that my clients would have been best served by coming to consult with me before they try to pursue any non-bankruptcy solution to discuss all their options and to design a plan to eliminate the debt, whether in bankruptcy or outside.
    Answer Applies to: California
    Replied: 12/7/2011
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