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We are being sued by a MBNA for non payment on the account. Last winter on my last attemt to talk to them to try to setup a payment plan was unsuccessful. The lady was rude, insulting and hand me in tears. They wanted the full amount or a major portion of which I keep telling her we did not have. My husband who's account it is had a major nervious breakdown had not work in over a year and was not going to be able to work. It is his account prior to our marriage. (I want to start making the payments on the account.) I guess my question is now what do I do? He is unalbe to appear in court with his mental condition! I am fully aware that we owe the money... god knows if I had a dime for every time they called I would have had enough to pay the dept in full. We arent dead beats but we dont have 8,776 plus 1000 and more in interest to pay them.
State/Country relating to Question: Kentucky Already Tried: Not much after the insulting call from when I tried to work out a payment plan. I did try to call them. I gave them my cell phone and then they started calling me during the day while I was at work. I even told her I could not talk I was working.
Good morning. I understand your frustration. These credit card collectors are really not nice people. I am not sure of your overall financial position, but even after MBNA gets a judgment for the amount owed, they still have to collect it. If you really have no assets other than assets that would be exempt assets under a bankruptcy filing, your best bet might be to seek bankruptcy protection to get this judgment discharged. Even if you don't want to actually file, the threat of bankruptcy (and resulting discharge of their judgment) might cause MBNA, after getting a judgment, willing to settle for less or work out a payment plan. The judgment does not prevent from MBNA from settling this for less.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
We do own our own home which is paid for and 1 car and 1 suv which are paid for other then that we really dont have any assets. We wondered if it would be in our best interest to try to get a loan on our home and try to settle this would that be something we should consider?
Under federal bankruptcy exemptions, your homestead is protected up to a bit over $20,000 and one car would be exempted up to a bit over $3,000. If your home is paid for, it probably is in your best interest to get a loan on it to pay this thing off....you would have a much lower rate than the credit card rate. BUT, you can always do this, so I would first try to settle it for less, then get your loan!
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