Legal Question in Credit and Debt Law in Ohio

I am in the process of being sued for past credit cards, 2 cards from the same bank. These cards have been sold by the original creditor and the purchaser's is the one suing. The amount they want for the card is total $4053 plus 25% future interest. I was just recently informed that this creditor also has another one of my past credit cards and will be pursuing this also which was last reported to be in the amount of $1756. I was told by an attorney appointed me that I should file bankruptcy.

I am unemployed and do not own anything of value. I understand that I'm considered "judgment proof" at this point, But I was told that if they win the judgment against me that if and when I become employed that they will be able to garnish my wages for 25%. I tried to work this out offering to give them $1300 at $40 a month with no interest, that's when they informed me that they had another one of my old debts and would be pursuing that as well. My credit is good with a score of 713, and I really don't want to file bankruptcy.

My question is, is bankruptcy the right thing to do? and if I do file bankruptcy and this creditor sells the debt, will the new purchaser of the debt be able to sue me later? What are the negative ramifications to filing bankruptcy?

Thank You for your time

Tom Dixon


Asked on 10/06/09, 11:59 am

1 Answer from Attorneys

David Michael Benson Benson Law Firm

It appears you would qualify for Chapter 7 bankruptcy, which may erase all your credit card debts. What you should know about bankruptcy is that your credit score will immediately plunge to 480 and it will take some time to get your score back up to where it was. However, nonpayment of debts and a lawsuit will likely have a significant negative effect on your current credit score (I doubt very much your score will remain over 700). So it may be that it's time to consider bankruptcy to deal with what might be inevitable.

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Answered on 10/08/09, 9:36 am


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