What should I do? I'm currently unemployed but I have money in my 401k. I offered the credit company $100 per month but they don't want to accept it. Will the judge give me a judgement to take my 401 k or will the judge accept my offer of $100 per mont? Please advise.

The Judge will do NOTHING but grant a Judgment against you. A Judge does not/cannot order how that Judgment is paid. Payment depends on what is allowed in your State (such as a garnishment of your salary or a lien on your property).

The debtor does not have to accept payments or less than you owe.

If you cannot make arrangements with the creditor a Judgment will be taken against you. That Judgment will probably live for 10 years with a 10 year extension.

They give you a court date first... and once they win it... they can get a writ of garnishment against you... and they can garnish income or assets to the limit that is allowed where you live.. Unlike any gentlemen's agreement.

You owe money; you have money.
I really really really really REALLY am curious why you think that you can stretch out payments over way more than 5 years (more interest accruing, don't forget) when you have money. PLEASE answer. There seems to be an epidemic of this. If you are so eager to keep the 401K, BORROW 6K from somewhere else.

I will add a PS - you will get a SUMMONS to appear. A SUBPOENA is for a witness.

Well, I think you need to make a payment arrangement with the creditor...

Next time don't get involved with credit cards anymore..

Quote:

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Originally Posted by slv14344

well, I think you need to make a payment arrangement with the creditor...

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Quote:

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Originally Posted by slv14344

Next time don't get involved with credit cards anymore..

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Umm why are you posting answers to your own question?

Your 401(k) is safe from attachment, at least until you start withdrawing from it.

P.S. We don't delete posts here.