Hi - I have recently received a court summons to appear on a credit card debt with "Bank of America". I have tried to work with the company but they refuse to lower my payments to what I can afford. If I don't appear in court what can the court order? Can they take any personal property or garnish my wages? I don't own a home but I do have a car that I'm making payments on. If I do appear to defend my case - will I have to pay the companies attorney fee's? I'm not trying to get out of paying if they will allow me to pay what I can afford. Any help would be greatly appreciated!

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Originally Posted by jag19

Hi - I have recently received a court summons to appear on a credit card debt with "Bank of America". I have tried to work with the company but they refuse to lower my payments to what I can afford. If I don't appear in court what can the court order? Can they take any personal property or garnish my wages? I don't own a home but I do have a car that I'm making payments on. If I do appear to defend my case - will I have to pay the companies attorney fee's? I'm not trying to get out of paying if they will allow me to pay what I can afford. Any help would be greatly appreciated!

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If you owe the debt and they can prove it they can get a Judgment against you for the unpaid balance, interest and legal fees. That Judgment can then be satisfied by any means which are legal in your State - seizing property, garnishment of wages, freezing of a bank account. It varies by State.

The creditor, unfortunately, does not have to take payments in amounts which you believe you can afford. They can sue and get a Judgment for the total amount and then satisfy the Judgment as they see fit.

If you can come up with a lump sum in full settlement you may be able to end the matter in that way but I realize the economy is very difficult right now and that might not be possible.

In the state of Missouri does a summons to appear in civil court for a past due loan have to served in person to the defendant?