I was served with summons to appear in court - it is for my wife. Credit card balance about $1,200.00. My wife is not from the U.S. and is deathly afraid to go to court for this. She is here legally though and is a permanent resident. She has several cards that are past and I fear now that more companies will come after her. We reside in Illinois.

1. Would it be appropriate for me to call the attorney who filed this and explain that I would like to set up a payment plan and ask that the judgment be set aside, pending payment term agreement with them?

2. Would she or we still be required to appear in court? Or just me or? What happens if she or we do not go to court or call the attorney that filed?

3. Am I held responsible for this legally because we are married, the card was just in her name.

4. Would it be better to speak with a credit counseling company and just give them everything she has outstanding and have them contact the companies to arrange a payment plan? Any suggestions of a good, reliable company for doing this?

5. If she does not show in court, do they put out an arrest warrant for her?

Thanks

1. Yes, If you can arrange a satisfactory payment schedule they can stop the suit. But you need to get everything in writing.

2. If you reach a settlement the court case can be stopped. However, if you don't and she doesn't show a default judgement will be entered against her.

3. This depends on the state you are in. In some states debt acquired while married is both of yours.

4. If the amount of debt and number of creditors is large, yes that might be better.

5. No