Legal Question in Credit and Debt Law in New York

I have question about credit card debt I have. I am permanently disabled and have been for some time. My wife no longer holds her partime job because of the needs of our three handicapped children and having to take in her mother who recently had a series of strokes and a heart attack. Because of these reasons we have a very meager income forcing us to no longer have the monies to pay this account. I recieved a letter from the creditor that was sent to the court for a RJI. I sent back to the court a letter in motion form explianing my stand. What could the outcome be. I am unable to afford a lawyer.


Asked on 12/26/09, 4:58 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Ultimately there will be a judgment against you for the debt. A Judgment means that the State of New York recognizes that you owe the credit card company money. And with a Judgment, the company may attach assets - if you have any.

If there are no assets, and you have no income, there is nothing to attach and you are essentially Judgment proof. The credit card company may not attach social security income or money as a result of a disability. Of course, your credit is in ruins.

Mike.

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Answered on 12/31/09, 5:10 am


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