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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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I am being sued for a Credit card debt I was unable to pay.

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I am being sued for a Credit card debt I was unable to pay. I have filed my response to the court. The plaintiff has requested a motion for judgement. I do not contend that I owe the money. I have about 7 other debts I have defaulted on. I have no assets and my income has been below the poverty line for several years. Should I file a motion to dismiss based on the fact that I have nothing the plaintiff can use for restitution and even if I did, my other creditors would be entitled to their share? It seems the judgement is an effort in futility.
Welcome and thank you for your question!

I am sorry to learn of your experience. Have you considered/explored your option to file for bankruptcy to have your debts discharged?
Customer: replied 4 years ago.

I have and probably have a good case for Chapter 7 but the cost would be $1,000 due the amount of creditors. I don't have the money. I live paycheck to paycheck.

Thank you. Whether or not you file for bankruptcy is a personal choice which only you can make but I am glad that you have given it some consideration.

As for your credit card lawsuit, it's important to clarify one thing. The only issue in the lawsuit is whether or not you are responsible for the debt. Your ability to pay is not an issue.

If you are responsible for the debt (i.e., it's your debt because of your charges), then the credit card company is entitled to judgment. Your inability to repay the debt is not a legal defense to the lawsuit. It is not a legal basis for a motion to dismiss. The only way you can ask for a dismissal is if you were to claim that you did not owe the debt.

From the facts you've described, there is no legal or factual basis for you to file a motion to dismiss.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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~~ J.B.
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