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-   -   To defend credit card lawsuit (https://www.askmehelpdesk.com/showthread.php?t=311499)

  • Feb 1, 2009, 11:10 AM
    svsinghal
    To defend credit card lawsuit
    Even though, I admit that I owe the money to the credit union of Ohio. I am looking for a template or suggestion how to ask judge to consider my financial circumstances and set a monthly payment plan not only to the credit union but for all the creditors.
  • Feb 1, 2009, 11:14 AM
    JudyKayTee
    Quote:

    Originally Posted by svsinghal View Post
    Even though, I admit that I owe the money to the credit union of ohio. I am looking for a template or suggestion how to ask judge to consider my financial circumstances and set a monthly payment plan not only to the credit union but for all the creditors.



    The Judge doesn't do this. Court will award a Judgment or not award a Judgment according to the evidence. Then the Judgment creditor gets to take whatever legal steps are available in your State to satisfy Judgments.

    Judges don't set up payment plans at all and especially not for debts which you are not part of the matter they are hearing. Also, inability to pay is not a defense to a debt.

    If you are going to ask the Judge for relief I would assume you've been served with papers?

    If you want a payment plan, have you considered filing in Bankruptcy, paying the debts as scheduled by Bankruptcy Court?
  • Feb 1, 2009, 11:46 AM
    ScottGem

    Your best bet is to negotiate a settlement with the creditor BEFORE it goes to court. Judy is right that this is not part of a judge's duties and that inability to pay is not a concern of the court.

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