Legal Question in Credit and Debt Law in Michigan

Lawsuit for credit card

I was recently sent a letter from an attorney regarding payment for a credit card. I sent a letter back to them requesting original creditor, date acquired, amount owed. I contacted him, they had already filed a lawsuit to obtain the debt. He suggested I get an attorney & file a motion for installment payments, which he said he would laugh at if it was less than $500/month. I don't know what to do, I am scared. This debt is over 10 years old. I tried making payments on it, but was divorced & no longer could afford the $100/ month payments. I asked them to lower them, but they would not. We could not agree on an amount, so they continued to harass me at work & all hours of the day at home. What can I do now?


Asked on 5/01/07, 9:03 am

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Lawsuit for credit card

The attorney can laugh all he wants, but his job is to collect on a debt.

The court is in control now, and if the court thinks the installment payment plan you propose is reasonable based on your finances, the attorney will stop laughing, accept it and move on to the next case.

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Answered on 5/04/07, 2:35 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Lawsuit for credit card

If the attorney suggested that you file a motion for installment payments, there must already be a judgment. Did you get served with a lawsuit? Why didn't you know who the original creditor was? You should have received the "30-day notice" letter required by the FDCPA from the attorney containing that information. If there is a judgment and you want to file a motion for installment payments, it will up to the judge to decide how much you will pay, based on your income less expenses, no matter how hard the creditor's attorney is laughing.

I can assist you with this at my regular hourly fee. It will probably take no more than 2-3 hours. My phone number is 248.679.1552.

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Answered on 5/01/07, 10:30 am


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