Legal Question in Credit and Debt Law in Illinois

How much legal trouble can I get into with my credit card companies if I have not been able to pay for the past 3 months?

I cannot declare bankruptcy, I did it 3 years ago.

Thanks,

Iris


Asked on 11/18/09, 2:22 pm

1 Answer from Attorneys

John Lee John D. Lee and Associates, LLC

If the credit card company sues you, or sells the loan to someone else who sues you, and you do not file an answer in court in response to the lawsuit, you could get a judgment against you. That company could then enforce the judgment with a wage garnishment or seizure of bank accounts or other assets of yours. Your credit scores will also drop.

Yet if you do file an answer in court, and appear in court at the time and place in the summons, you have the right to demand that the company produce the original credit card contract, and a list of unpaid charges/transactions with an expert witness who will testify as to the validity of those unpaid charges/transactions. Most companies will be unable to produce the original contract, and only try to introduce a photocopy of the contract into evidence, which photocopy can be excluded as hearsay, and not the best record. Further, most companies will not want to go the expense and trouble of having an expert witness testify at trial as to the authenticity of the record. With an experienced attorney, you could avoid paying these charges without bankruptcy.

I would suggest that you hire an attorney.

This advice is provided as a general public service, and is not legal advice, nor intended to create, nor does create, an attorney-client relationship.

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Answered on 11/23/09, 3:15 pm


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