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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27016
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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If someone has been served with papers by a court because of

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If someone has been served with papers by a court because of a credit card debt what is the best way to proceed. This person is not able to pay this debt. It is over 10,000 dollars.
He needs to answer within 30 days. Should he answer letting them know that he is unable to pay? He is aware that this does not excuse the debt, but what will happen? What can the credit card company do to him if a judgment is entered against him?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 : Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
JD 1992 : Were you sued by the original credit card company or a collection agency?
JD 1992 : I think there may be a problem with the Chat function so I am going to change this to a standard Q and A.
Expert:  Dwayne B. replied 1 year ago.
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Customer: replied 1 year ago.
sorry, i was reading the terms and conditions. The credit card company is suing.
Expert:  Dwayne B. replied 1 year ago.
No problem.

It is a little harder to handle a case when the credit card company itself is suing since that limits your defenses.

There is no need to tell them that his funds are limited since they already know that if you haven't paid.

What he should do is take a fairly aggressive stance and see if the company is willing to settle for a judgment that is less than they are asking for now. There is a good eBook for sale on the topic at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-how-to-fight-a-debt-collection-lawsuit/

The worst that a company can do after they get a judgment is seize property or garnish wages. Many times they don't actually do anything other than get a judgment and just let it sit out there.

Dwayne B., Lawyer
Satisfied Customers: 27016
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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