I was just served by a major Credit Card in which they are seeking a judgement. I have been disabled and have had a problem keeping stable employment due to my health conditions. My family is on food stamps and medicaid. Is that a good enough argument with proof? If they proceed with a garnishment, will the judge give it to them or can they set it lower based on our lack of income?

Thanks for any help!

Hello Bad:

Being broke ISN'T a defense. No, the judge doesn't care that you don't have the money. He's going to make you pay it ALL back. Why should the credit card company suffer because you're broke?

excon

I am sorry for your problems, no being poor is not a defense to a judgement, So to stop a judgement you will have to prove you did not make the charges, that you already paid them back that for some reason you don't owe the money. Now often the Credit card company will not go forward if they know there is no way you are going to be able to pay it back, but others will just to be able to harrass you for years to come.

But in court if you are proved to owe the money, there is no defense in being poor. They will get the judgement And that is all the court hearing is for, to see if they will get a judgemennt, after the get the judgement, they can try to garnish your bank accounts and your other income.
The rules on what they can or cant' do depends on your state, in some states certain income levels are protected, in other states they are not

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Originally Posted by BadLuckChuck

I was just served by a major Credit Card in which they are seeking a judgement. I have been disabled and have had a problem keeping stable employment due to my health conditions. My family is on food stamps and medicaid. Is that a good enough argument with proof? If they proceed with a garnishment, will the judge give it to them or can they set it lower based on our lack of income?

Thanks for any help!

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Inability to pay - as others have said - is not a defense.

If the debt is out of Statute, if it's not your debt, those are defenses. Medicaid is not sheltered money.

And, yes, they'll get the full judgment plus costs and expenses and interest.

That is what I thought. The IRS placed a lien on me, but they declared me uncollectable. Also, in Georgia, if you are broke there is a statute that prevents you from being charged attornies fees. I have already been determined to meet this statute from a custody hearing. Thanks again!

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Originally Posted by Fr_Chuck

I am sorry for your problems, no being poor is not a defense to a judgement, So to stop a judgement you will have to prove you did not make the charges, that you already paid them back that for some reason you don't owe the money. Now often the Credit card company will not go forward if they know there is no way you are going to be able to pay it back, but others will just to be able to harrass you for years to come.

But in court if you are proved to owe the money, there is no defense in being poor. They will get the judgement And that is all the court hearing is for, to see if they will get a judgemennt, after the get the judgement, they can try to garnish your bank accounts and your other income.
The rules on what they can or cant' do depends on your state, in some states certain income levels are protected, in other states they are not

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Not trying to avoid the debt. I am just trying to get back on my feet due to my ongoing illness. I am a business man so I understand how business works. However, I will take full advantage of any loop holes while I am in a dire strait status.

PS: You should be more optimistic.

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Originally Posted by excon

Hello Bad:

Being broke ISN'T a defense. No, the judge doesn't care that you don't have the money. He's going to make you pay it ALL back. Why should the credit card company suffer because you're broke?

excon

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BadLuckChuck.

Please read the rules and regulations, you cannot give someone a reddie unless their post is factually incorrect.

Thank you.

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Originally Posted by BadLuckChuck

BadLuckChuck disagrees: You need serious therapy! lol

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Hello again, BadLuck:

Hmmm. I need therapy because I think you should pay your debts? Dude! If you loaned me $20, it's OK if I stiff you because I'm broke?? I don't think so.

You have no clue why badluck keeps happening to you, is that it? In only two posts, I can figure it out.

excon

excon where is that liberal side of you, it is not the poor people fault because they borrowed more money than they can pay, We all know that it is the governments fault for allowing those large corporations to make too much profit at our expense.

Thanks for all of your input. I have developed a strategy in proceeding. Regarding the liberal, I actually have darn good luck (w/ the exception of my health... lol). Considering all of the circumstances, I have come out relatively unharmed by the events over the past few years. The liberals tax dollars have served their purpose well, finally to someone who actually needs them. In addition, those tax dollars are paying for my vocational rehab. So all in all, I am damn lucky! Thanks again.

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Originally Posted by Fr_Chuck

excon where is that liberal side of you, it is not the poor people fault because they borrowed more money than they can pay, We all know that it is the governments fault for allowing those large corporations to make too much profit at our expense.

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