Legal Question in Credit and Debt Law in Missouri

I live in lee's summit missouri. i recently was served papers to appear in court over credit debt from a collector. i have tried several times to make arrangements , i even sent in a 1,000 check to the credit company after being told if i tried to pay down my total owed they cn review my credit and see if it was possible to lower my rate, well it didnt happen, i'm a single mother of 3 kids i work part time, just recently divorced, how much of my paycheck can they take? and will the judge hear my side if i do go to court?


Asked on 10/08/10, 7:11 am

1 Answer from Attorneys
Anthony Smith LawSmith

If you go to court, the judge may "hear your side" but, poverty or shortness of money are not valid defenses. If they agreed to forego collection with yrou $1,000 payment then they cannto obtain ajudgemtn as long as you adhere to that agreement. otherwise, they can get judgmetn for the amount they can prove. Credit card companies are notorious for bad record keeping. you mihgt do well to hire counsel to represent you, or at least to evaluate the case against you. If the plaintiff gets judgment agaisnt you, they can start collecting thirty day stherafter. Under the facts you decribed, they can execute against 100% of your bank account balance, and 25% of yrou net wages. If you allege you are head of your household, the wage garnishment may go down to 10%.

Good luck

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Answered on 10/15/10, 9:45 am


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