Legal Question in Bankruptcy in California

credit card debit

I have recently become disabled and can no longer pay about $80,000 in unsecured credit card debit. As I just have enough to pay living expenses and doctor bills. If I just choose not to pay and suffer the credit consequences can the credit card companies come after my person property to satisfy the debit? I do not want to loose my house or car.


Asked on 1/05/05, 12:48 pm

4 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: credit card debit

You should seriously think about filing Bankruptcy. Are you also behind in mortgage?

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Answered on 1/07/05, 10:43 am
Mark Markus Law Office of Mark J. Markus

Re: credit card debit

They can come after any property, or the value thereof, which is not exempt under California law. Typically, they go after money in bank accounts and garnish wages, but they could seek to sell your car if there is more than $2,300 equity in it, and they can get a lien against your house.

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Answered on 1/05/05, 12:52 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: credit card debit

It's better not to ignore them, as they can get judgments against you and garnish your income, seize bank accounts or your car, and place liens against your home. The judgments would include their attorney costs, and would gather interest until they're paid. There are some exemptions that protect some equity in your assets, but you should explore bankruptcy or debt negotiation now to avoid paying a lot more later.

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Answered on 1/05/05, 1:46 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: credit card debit

You should consult with an attorney, especially if you have equity in your house and/or your car. These things are prime targets by debt collectors. Usually, they will file a lawsuit if a debtor defaults and, if the debtor doesn't answer the civil complaint, they will get a judgment and go after these things, and a bank account (except for some exemptions). Feel free to call if you wish to discuss this further. (310) 858-9771.

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Answered on 1/05/05, 2:38 pm


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