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mingc_2002
Jul 23, 2007, 08:35 PM
I'm unemployed and I owe a credit card debt. I received a summons in the mail to appear in court. I called the plaintiff and tried to see if I can do payment plan and the payments were set so high that I can't afford it. So I have to appear in court next month. What is my rights or do I have any and can they garnish the accounts that I'm joint on?

s_cianci
Jul 24, 2007, 06:20 PM
Be sure to let the judge know that you tried and were willing to negotiate a settlement with them yet they refused. That will weight in your favor. My guess is that the judge will probably order his own settlement arrangement, which should be based on your reasonable ability to pay. In which case the plaintiff will be bound to it, whether they like it or not. It is possible that the judge may provide for the payments to be made via wage garnishment or he may have you make them on your own. I don't think (s)he'd garnish your bank accounts just yet. However, if you fall behind on your court-ordered payments, then that'd be a possibility.