What should I do if a credit card company filed a civil action hearing against me? 28 Answers as of July 15, 2011

I owe the credit card company but have been unable to pay because of job loss. They filed a civil action Hearing against me.

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Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Answer it timely and seek legal advice.
Answer Applies to: Maryland
Replied: 7/15/2011
Benson Law Firm
Benson Law Firm | David Benson
What to do depends on how much debt you have, whether any of it is in dispute, what assets you have and what the rest of your personal financial situation is like. -
Answer Applies to: Ohio
Replied: 7/15/2011
Tucker Legal Clinic
Tucker Legal Clinic | Samuel Tucker
You need to look at your total financial situation- if you cannot reasonably pay off your unsecured debt in twenty-four months I suggest filing a Chapter 7 bankruptcy. By "reasonably" I mean paying substantially more than minimum payments against your balances, and having enough left in your budget to save 5% of your take home pay, pay your rent/house note, utilities and day to day costs of existence, i.e., food, clothing, entertainment.
Answer Applies to: Mississippi
Replied: 7/15/2011
Scott Leslie Taylor Attorney at Law
Scott Leslie Taylor Attorney at Law | Scott Leslie Taylor
Once they obtain a judgment against you, they will be able to garnish your wages once you are back to work. A Chapter 7 or 13 will most likely solve your problem.
Answer Applies to: Washington
Replied: 7/15/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
You should speak with an attorney about your options and your circumstances to make a decision as to whether you should defend or file a bankruptcy.
Answer Applies to: Florida
Replied: 7/15/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    1, Pay it in full; 2. Negotiate a lower amount and/or payment plan and pay it; 3. File a bankruptcy case; 4. Answer the complaint in the Superior Court within 30 days from the date you were served with the summons and complaint and litigate the matter in Court.; 5. Let the case go to default judgment in which case the creditor can garnish your wages when you go to work, levy your bank account nor whenever you have any money in the bank and/or file a lien against your property.
    Answer Applies to: California
    Replied: 7/15/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    You need to respond by the number of days in the Summons. If you believe you don't owe the money, you need to file an Answer with a defense. If you owe it, contact the creditor and see if you can't work out a settlement or a voluntary pmt plan
    Answer Applies to: Washington
    Replied: 7/15/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    I recommend that you consult with an attorney as soon as possible. You have a very limited amount of time within which to file a response to the civil action. If you don't timely file a response, the credit card company may win a default judgment against you. You may have defenses that the attorney can raise in your behalf. Or, the attorney may be able to negotiate a settlement of the case for you. If you have other debts that you are unable to pay, you may want to consider filing a bankruptcy case, to eliminate or cancel your debts.
    Answer Applies to: Texas
    Replied: 7/15/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Pay the debt or file bankruptcy.
    Answer Applies to: California
    Replied: 7/15/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    let them sue. with no money they get nothing. it is unsecured.
    Answer Applies to: California
    Replied: 7/15/2011
    Ariano & Reppucci
    Ariano & Reppucci | Chris Ariano
    You can file a response to the lawsuit which will slightly delay their collection efforts. The court will have to set a hearing for you. In the meantime, unless you have a legal excuse as to why you did not pay the debt, I would plan on filing bankruptcy if it makes in your particular situation. Please contact me if you would like to discuss further.
    Answer Applies to: Arizona
    Replied: 7/15/2011
    Law Offices of Iman Abouelazm, P.A.
    Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
    You must file an answer or appear for your hearing to protect your rights and defend yourself. You may deny the validity of the debt. You may negotiate with the Creditor and settle the lawsuit. You may file for bankruptcy protection and wipe out your debts, if you qualify to file Bankruptcy.
    Answer Applies to: Florida
    Replied: 7/15/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Make an appointment to see a bankruptcy attorney. It is free and he or she will gather the information necessary to answer that question.
    Answer Applies to: California
    Replied: 7/14/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Once the creditor has a judgment, they can try to garnish your wages or your bank accounts. At that point, you may need to look into filing for bankruptcy protection if you cannot make arrangements to pay the debt.
    Answer Applies to: Colorado
    Replied: 7/14/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    It sounds like they filed a civil lawsuit..at least that is what I am guessing you are talking about. You should consult with an attorney about your options after giving them all the facts about your debt and asset and income structure.
    Answer Applies to: Texas
    Replied: 7/14/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Your options are to file bankruptcy or try and settle your debts. If you have no income, chapter 7 bankruptcy is probably your best option.
    Answer Applies to: Washington
    Replied: 7/14/2011
    Raxter Law
    Raxter Law | Jeremiah Raxter
    You need to file an answer within thirty days of being served, otherwise the court will enter a default against you.
    Answer Applies to: California
    Replied: 7/14/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can answer it and defend (either on your own or hire an attorney who charges by the hour) or file Bankruptcy and eliminate it (this is normally easier).
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Unfortunately job loss is not a defense. See if you can set up payments or if it is large enough or if you have other debt, you might want to consider filing bankruptcy.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You need to go to court do they don't get a default judgment. Make them prove it's yours by showing your original signature on the contract. If they can't, they lose. Or you could file bankruptcy and eliminate all claims against you.
    Answer Applies to: Virginia
    Replied: 7/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You have a legal emergency. That means you see a lawyer immediately. 30 days after service, your case goes in default (you lose) and your creditor, once you go back to work, can grab your wages, bank accounts, etc.
    Answer Applies to: Georgia
    Replied: 7/14/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    How much is it for? A bankruptcy might be in your future.
    Answer Applies to: California
    Replied: 7/14/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    You can respond if you have a valid defense to the debt, you can attempt to work it out with them and negotiate a settlement or payment arrangement, or if you have additional debts you are struggling with, or if this debt is substantial, chapter 7 bankruptcy may be your best bet.
    Answer Applies to: California
    Replied: 7/14/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you are being sued you have legal rights, including the right to try to settle the case. If you are currently unemployed and can' t make a payment you can still set something up based on your returning to work. Good luck!
    Answer Applies to: California
    Replied: 7/14/2011
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