I'm in Arizona and I just had a lawsuit filed against me by an attorney for a $900 balance on my credit card. I have been unemployed since June 08, and I'm living in a place that lets me work for my rent. No money changes hands. Are there options perhaps with DES or with my rights to stave this guy off to buy me some time? :confused:

I had a credit card company turn over my credit card debit to attorneys and the served me with papers to go to court last year (Florida). There the judge agreed to set up a payment agreement of 100.00 per month. I have not been able to pay it and now I have a final judgement ordered as of last week asking me to fill out an information sheet about my financials and all property. I am learning that on an unsecured credit card debt (they have no collateral on your card) they can not put a lien on my house , but I don't know if they can bo a 'writ of execution' where they can sell your stuff (anything of value). If you have no house or money in accounts/retirement or anyone owes you money, I don't think they can do anything. Your amount is so small I doubt they do anything.
I suggest you just go to court (if that is what they served you) and tell the judge you can not pay anything at this time or offer to pay $10 a month.

If you are not ordered to court, I don't know what you do. I guess you can request a court hearing and work it out.

Make sure you have very little in your checking acct. because they will want to either garnish your wages or attach to money in your bank accounts.

Don't worry about it. You can't get blood from a turnip! ;) Check out laws for your state!

The plaintiff will get a judgement against you, but it appears you are judgement proof. This means, you have no assets or income to collect from. However a judgement generally lasts for 10 years and can usually be renewed for another 10. So if your circumstances every change, they can use the judgement to collect.

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Originally Posted by nerraw

I had a credit card company turn over my credit card debit to attorneys and the served me with papers to go to court last year (Florida). There the judge agreed to set up a payment agreement of 100.00 per month. I have not been able to pay it and now I have a final judgement ordered as of last week asking me to fill out an information sheet about my financials and all property. I am learning that on an unsecured credit card debt (they have no collateral on your card) they can not put a lien on my house , but I don't know if they can bo a 'writ of execution' where they can sell your stuff (anything of value). If you have no house or money in accounts/retirement or anyone owes you money, I don't think they can do anything. Your amount is so small I doubt they do anything.
I suggest you just go to court (if that is what they served you) and tell the judge you can not pay anything at this time or offer to pay $10 a month.

If you are not ordered to court, I don't know what you do. I guess you can request a court hearing and work it out.

Make sure you have very little in your checking acct. because they will want to either garnish your wages or attach to money in your bank accounts.

Don't worry about it. You can't get blood from a turnip! ;) Check out laws for your state!

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Not all Courts operate in the same fashion and I don't know if the OP is in Florida. Collection ability also varies from State to State.

In my State the Judge most definitely does NOT get involved in negotiating a payment plan. He makes a ruling and that's where it ends. Enforcement and collection are then at the discretion of the creditor. The OP has also already been served, a Court hearing has been scheduled and he cannot "request" another hearing, not while the case is pending.

The legal board operates on fact and the people posting are either educated in the law, work with the law or have far above average research skills. We all take pride in our answers. I'm sure everyone has been incorrect at one time or another (including me) but if we don't know the answer, we don't answer the question.

Please make certain your info is correct before you post - incorrect info doesn't help anyone.