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gginnj · Oct 23, 2009, 09:05 PM

I am being sued for credit card debt in New Jersey for $900.00, I am not disputing debt, and I can't afford to pay, what can they do and what is my recourse

urbancowgirl7 · Oct 23, 2009, 11:16 PM

Call the credit agency handling the debt or the credit card company. They are surprisingly understanding about the inability to afford such a large amount of debt, especially with the econmy the way it is. You can probably convince them to get you on a payment plan... even if it's only $20 a month, at least you'll be making a dent in it and as long as you're making an effort, they can't (in Oklahoma) take you to court over it (though I'm not sure about that detail in New Jersey). I would think they'd at least be more understanding and willing to work with you if you were trying to the best of your ability to pay it.

ScottGem · Oct 24, 2009, 12:31 AM

There are hundreds of similar threads, I suggest browsing around and you will see suggestions for dealing with this.

The bottom line is inability to pay is not a defense. You may be able to arrange a payment schedule with them, but not for a token amount. And generally, they will still want to get a judgment in case you default. Once they get a judgment they can garnish salary, attach bank accounts or other assets.

urbancowgirl7 · Oct 24, 2009, 02:30 PM

I wasn't saying that they definitely would let the OP make payments, but it's worth a try and I wasn't saying that it's a defense, but there are companies that are willing to work with you to ensure that they get money... not ALL of them, but yes, some of them. It was simply a suggestion.

ScottGem · Oct 24, 2009, 02:33 PM

Originally Posted by urbancowgirl7

I wasn't saying that they definatly would let the OP make payments, but it's worth a try and I wasn't saying that it's a defense, but there are companies that are willing to work with you to ensure that they get money ... not ALL of them, but yes, some of them. It was simply a suggestion.

I'm not disputing that, but what you are missing is that, when the account goes to litigation, its usually too late for that. The time to do what you suggested is WAY before it gets to litigation. That's why your advice was not very appropriate in THIS case.