Legal Question in Credit and Debt Law in Missouri

About to be taken to court.

I have been recently contacted by an attorney concerning a credit card debt. the para-legal is telling me that I have a couple of payment options, none of which I can afford living paycheck to paycheck with a wife, a kid, and another on the way.

My question is, would my best bet be to try and file bankruptcy before I appear in court and get a judgement against me, or go before the court and explain my financial/home situation and hope that they don't take me to the cleaners?

I've also heard that you can get a para-legal to help you fill out and file the bankruptcy papers if you are strapped for cash such as me.

Also, would it be to late to try and contact the credit card company and work something out?

Thanks in advance for any advice.


Asked on 2/26/08, 2:07 am

2 Answers from Attorneys

Anthony Smith LawSmith

Re: About to be taken to court.

Most creditors prefer to work out a plan that will get them paid as soon as possible. You should take bankruptcy as adrastic measure.

Unfortunately, the judge at your scheduled docket call will not care to hear about your financial woes. They simply ask if a deny or admit that you owe what is alleged. If you feel that the credit card is alleging more than you owe, then tell the judge that you deny the debt.

The credit card company's attorney will want to talk payment arrangement with you.

Good Luck

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Answered on 2/26/08, 12:02 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: About to be taken to court.

Please take my advice and consult with an attorney immediately. If you are in the St. Louis area you can call me and I will give you a free consultation. Thirty years ago I started out employed by a firm that represented only creditors sueing literally thousands of people. For many years now I have represented people being sued by creditors and I am sure tha I can give you some excellent advice that will save you a lot of money. If you are not in the St. Louis area,you may still call me and I will try to refer you to an attorney in your area who will be able to help you. You can not deal with the credit card company at thisstage and you should not attempt to deal directly with anyone at the other attorney's firm. If they call you tell them that you are consulting with an attorney.

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Answered on 2/26/08, 10:56 pm


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