What should I do if I'm willing to make payments but I'm unable to afford what they would like me to pay? 8 Answers as of March 03, 2017

I owed $13,000 to a credit card company due to me being scammed from what I thought was a legitimate job. That balance is now with a creditor who just summoned me for a judgment and they are threatening with putting a lien on my house.

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Don't ignore the summons. You have 30 days to file paperwork with the court. If you can't afford a private attorney legal aid in your county can likely assist you in preparing and filing an answer to the complaint. If you don't do this the creditor will take a default judgment and can levy bank accounts and garnish your wages. You might be able to negotiate a lessor payment if you are willing to stand up for your rights and respond in court. There is no way to make the creditor take less than they want without some court assistance. You could also go and see a knowledgeable local bankruptcy attorney to evaluate if bankruptcy is an option worth pursuing in your situation.
Answer Applies to: California
Replied: 3/3/2017
Benson Law Firm
Benson Law Firm | David Benson
You should contact an attorney ASAP and request a free consultation.
Answer Applies to: Ohio
Replied: 3/2/2017
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You should consider hiring an experienced BK lawyer and paying his or her hourly rate for two hours to try and negotiate a settlement for you. Speak with the lawyer before the court date. Your options are much more limited after the court date. Good luck!
Answer Applies to: Colorado
Replied: 3/2/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
A creditor with a court judgment is like a policeman with a gun. At this time, the leverage you have is limited. Be sure to record a declaration of homestead with the county recorder to protect your home from any lien. And you may want to meet with a real attorney in person to discuss resolving this debt. My experience is that payments will never work with a creditor with a judgment.
Answer Applies to: Nevada
Replied: 3/2/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
See local counsel about a chapter 13 bankruptcy or maybe even a 7.
Answer Applies to: California
Replied: 3/2/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    One option is a Chapter 13 bankruptcy. Under Ch. 13, you get the same protection from creditors, and you submit a Plan, under which you make partial payments (based on two complex calculations of how much you can afford) for either 36 or 60 months. You could wind up paying as little as less than 1% of your total unsecured debt, or as much as 100%. Retaining an experienced bankruptcy lawyer is almost always a good investment.
    Answer Applies to: Wisconsin
    Replied: 3/2/2017
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If you qualify the debt can be erased in Bankruptcy.
    Answer Applies to: California
    Replied: 3/2/2017
    Ronald K. Nims LLC | Ronald K. Nims
    I suggest that you consider filing bankruptcy. This will eliminate the debt and prevent a lien from being filed.
    Answer Applies to: Ohio
    Replied: 3/2/2017
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