Legal Question in Credit and Debt Law in Missouri

I live in Missouri and went into default with citibank credit card....a law office called berman and rabun(citibanks lawyers) started collection procedures. I set up a payment plan with them which was 25.00 per month until I could do better, the company still took me to court, stating this was not enough. The judge stated that they wanted a judgement against me and after these proceedings I should give the company a call to see what type of arrangements they would set up. I did this and now berman and rabun tells me the payments are not enough and if i can not come up with more they will proceed to take my assets. Is this allowed....the only asset I have is a ran down 93 honda accord and a 98 oldsmobile aurora, which both have my and my husbands name on the titles.....What can I do? I am paying what I can afford to pay at this time.


Asked on 9/29/10, 6:44 am

1 Answer from Attorneys

Anthony Smith LawSmith

There is a saying, "you can't get blood form a turnip." It means there cannto get money form you, if you ahve nto money ro assets taht can be turne dinto money. It is very unlikely that Berman an dRabin will try to get the two old vehicles you described. However, many people forget waht other assets they own. They may seek something else. If you have none, then they will likley seek ajudgmetn. so that it can act as lein on any real property you own in teh county. In that case, the you make the payments you are willing and able to, and the balance gets paid off when you sell or refinance your house some time in the future. If the case has not yet gone to judgment, you may still be able to defend yourself. Soem credit card companies are bad about not keeping all the paperwork, they should. They may not have the evidence to prove the amount of debt they allege you owe, or that you owe anything at all. If you are interested in pursuing that avenue, consult directly with an attorney in your area very soon. Many offer a free or low cost intial consultation.

Good luck

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Answered on 10/04/10, 9:21 am


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