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-   -   Can I offer to make payments in court? (https://www.askmehelpdesk.com/showthread.php?t=58388)

  • Jan 29, 2007, 01:06 PM
    Debbbusa
    Can I offer to make payments in court?
    I have been served on a credit card debt. I must appear in court, which I will.

    The debt is $1100.00 plus the credit card co is requesting attorney fees.

    I called and offered the credit card co $100 per month which they declined.

    I work for my husband, and he pays me cash, so they will not be able to garnish my wages. I do have a checking account but there is rarely much money in it.

    When I go to court, can I make the offer of $200 payment that day and $100.00 per month payments until paid without them placing something on my account? Are payment plans acceptable without placing something onto my bank account?

    I own a home, may I ask that they simply place a lean on my home, even though this was an unsecured debt?

    I simply wish to make a payment plan with them, without any legal attatchments assigned to my checking account. Is this possible?

    What do I say in court to avoid this? I cannot come up with the full amount at once, impossible.

    Thanks
  • Jan 31, 2007, 07:10 AM
    excon
    Quote:

    Originally Posted by Debbbusa
    I simply wish to make a payment plan with them, without any legal attatchments assigned to my checking account. Is this possible?

    What do I say in court to avoid this? I cannot come up with the full amount at once, impossible.Thanks

    Hello Debb:

    The time for your wish to come true is long past. Courts don't do payments. They're only interested in whether you owe the debt or not. If you do, they'll win a judgment. If you don't – they won't. The courts aren't sympathetic to the fact that you're broke. They're going to award a judgment anyway. WITH the judgment, they'll garnish your wages and attach your bank accounts.

    The above is just so.

    However, if you can do the impossible and come up with some cash, maybe you can make a settlement with them before you get to court. If you can't, they'll drop a hammer on you.

    excon
  • Jan 31, 2007, 11:10 AM
    Fr_Chuck
    If you work, and it is for cash, and you don't report this income, that is tax fruad and you don't want that issue to show up in court also.

    If they prove you work, they will garnish your wages, and if your employor, husband, does not honor it and continues to pay you, he is also breaking the law.

    Also if your name is on any bank account, they can and will attach those ( normally first in our area)

    And they don't want a lien on your home, they want cash, so don't expect them to take that offer,
  • Jan 31, 2007, 12:30 PM
    Debbbusa
    So, since you are saying the Judge will not accept a payment plan, and that they will attach my bank account no matter what I do, short of coming up with the cash, what is the point of even showing up in court?

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