How do I get credit debt dismissed or lowered in court?

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Question:

How do I get credit debt dismissed or lowered in court?

Answer:

If you get a court summons over credit card debt, you may already have a major problem. A court summons means the credit card company has come after you and filed a lawsuit against you to try to collect money that they are owed. If they win- and they will, as long as they can prove the debt is owed and that you haven't tried to pay- you'll be ordered to pay the money by the court. Your wages may even be garnished and a lean may be placed on your property.

When you find yourself in this situation, you don't necessarily have a lot of options. You can:

  • Try to negotiate with the creditor as part of the court case to agree to make payments on a smaller amount of the debt or to agree to make a single lump sum payment as part of the debt.
  • Try to convince the court, in a separate wage garnishment proceeding, that garnishing your wages isn't appropriate and that you deserve a wage garnishment exemption so you don't have money taken from your paycheck
  • File bankruptcy. Depending on which chapter of bankruptcy you file, this may result in the debt being discharged or in you entering into a repayment plan to pay back some of the debt

A court summons over credit card debt isn't something to be taken lightly. If you receive a summons, you need to contact a lawyer right away to find out what options you have and how you can best protect your finances and your assets from the hands of your creditors. 

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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