Legal Question in Consumer Law in Wisconsin

credit payment

i was in the hospital for a couple of months and started taking risperdal along with some other medication. The credit card company is holding me responsible for the late fees and principle added. I was wondering if there was a way I could just pay for only the charges that I made on the card.


Asked on 6/15/09, 5:05 pm

5 Answers from Attorneys

JAY Nixon nixon law offices

Late Fees on Credit Card Account During Hospitalization, Bankruptcy Options

Unfortunately, you are liable for all late fees on your credit card as per the "card member agreement." These days, most such agreements allow the bank to change the terms at will, meaning that the "agreement" is more or less nonexistent or, more accurately, whatever the bank feels it should be during any given month. Normally such agreements (even those which are not changeable without notice) require all payments to be made in a timely fashion, regardless of whether you are good or poor health (or even hospitalized or comatose). In other words, there are no legal excuses other than death or bankruptcy for not paying your credit card on time, assuming that the charges making up the balance owed were authorized by you. The best way to control credit card fees is therefore not to use credit cards; control them with a scissors,by using it to cut them in half. New legislation is currently being discussed in Washington DC which would regulate certain credit industry practices. Odds are, however, that late fees will not be among the practices banned. It never hurts to call the company to request that the fees be waived. You will often be at least partially successful if the late payment was not your fault. Nevertheless, credit card companies� penalty billing practices often leave consumers with few good options other than bankruptcy. Sometimes late fees, default interest and �universal default� (where a default on a totally different card triggers penalties on an �on time� card account) often have driven my bankruptcy clients to the point where the lenders actually seemed to desire bankruptcy. If your credit card debt spirals out of control, your best "ace in the hole" is therefore always to discuss your issues with an experienced bankruptcy attorney. For $1200 to $2500 (depending upon where you live), all credit card debt of a person of modest means can be discharged in bankruptcy. Typically, this can be done with no loss of assets or possessions. My comments here are not intended as legal advice. Unless you retain me in the future, my comments do not create any attorney client relationship between us.

Read more
Answered on 6/15/09, 5:33 pm
JAY Nixon nixon law offices

Late Fees on Credit Card Account During Hospitalization, Bankruptcy Options

Unfortunately, you are liable for all late fees on your credit card as per the "card member agreement." These days, most such agreements allow the bank to change the terms at will, meaning that the "agreement" is more or less nonexistent or, more accurately, whatever the bank feels it should be during any given month. Normally such agreements (even those which are not changeable without notice) require all payments to be made in a timely fashion, regardless of whether you are good or in poor health (or even hospitalized or comatose). In other words, there are no legal excuses other than death or bankruptcy for not paying your credit card on time, assuming that the charges making up the balance owed were authorized by you. The best way to control credit card fees is therefore not to use credit cards; control them with a scissors,by using it to cut them in half. New legislation is currently being discussed in Washington DC which would regulate certain credit industry practices. Odds are, however, that late fees will not be among the practices banned. It never hurts to call the company to request that the fees be waived. You will often be at least partially successful if the late payment was not your fault. Nevertheless, credit card companies� penalty billing practices often leave consumers with few good options other than bankruptcy. Sometimes late fees, default interest and �universal default� (where a default on a totally different card triggers penalties on an �on time� card account) often have driven my bankruptcy clients to the point where the lenders actually seemed to desire bankruptcy. If your credit card debt spirals out of control, your best "ace in the hole" is therefore always to discuss your issues with an experienced bankruptcy attorney. For $1200 to $2500 (depending upon where you live), all credit card debt of a person of modest means can be discharged in bankruptcy. Typically, this can be done with no loss of assets or possessions. My comments here are not intended as legal advice. Unless you retain me in the future, my comments do not create any attorney client relationship between us.

Read more
Answered on 6/15/09, 5:33 pm
JAY Nixon nixon law offices

Late Fees on Credit Card Account During Hospitalization, Bankruptcy Options

Unfortunately, you are liable for all late fees on your credit card as per the "card member agreement." These days, most such agreements allow the bank to change the terms at will, meaning that the "agreement" is more or less nonexistent or, more accurately, whatever the bank feels it should be during any given month. Normally such agreements (even those which are not changeable without notice) require all payments to be made in a timely fashion, regardless of whether you are in good or in poor health (or even hospitalized or comatose). In other words, there are no legal excuses other than death or bankruptcy for not paying your credit card on time, assuming that the charges making up the balance owed were authorized by you. The best way to control credit card fees is therefore not to use credit cards; control them with a scissors,by using it to cut them in half. New legislation is currently being discussed in Washington DC which would regulate certain credit industry practices. Odds are, however, that late fees will not be among the practices banned. It never hurts to call the company to request that the fees be waived. You will often be at least partially successful if the late payment was not your fault. Nevertheless, credit card companies� penalty billing practices often leave consumers with few good options other than bankruptcy. Sometimes late fees, default interest and �universal default� (where a default on a totally different card triggers penalties on an �on time� card account) often have driven my bankruptcy clients to the point where the lenders actually seemed to desire bankruptcy. If your credit card debt spirals out of control, your best "ace in the hole" is therefore always to discuss your issues with an experienced bankruptcy attorney. For $1200 to $2500 (depending upon where you live), all credit card debt of a person of modest means can be discharged in bankruptcy. Typically, this can be done with no loss of assets or possessions. My comments here are not intended as legal advice. Unless you retain me in the future, my comments do not create any attorney client relationship between us.

Read more
Answered on 6/15/09, 5:33 pm
JAY Nixon nixon law offices

Late Fees on Credit Card Account During Hospitalization, Bankruptcy Options

Unfortunately, you are liable for all late fees on your credit card as per the "card member agreement." These days, most such agreements allow the bank to change the terms at will, meaning that the "agreement" is more or less nonexistent or, more accurately, whatever the bank feels it should be during any given month. Normally such agreements (even those which are not changeable without notice) require all payments to be made in a timely fashion, regardless of whether you are in good or in poor health (or even are hospitalized or comatose). In other words, there are no legal excuses other than death or bankruptcy for not paying your credit card on time, assuming that the charges making up the balance owed were authorized by you. The best way to control credit card fees is therefore not to use credit cards; control them with a scissors,by using it to cut them in half. New legislation is currently being discussed in Washington DC which would regulate certain credit industry practices. Odds are, however, that late fees will not be among the practices banned. It never hurts to call the company to request that the fees be waived. You will often be at least partially successful if the late payment was not your fault. Nevertheless, credit card companies� penalty billing practices often leave consumers with few good options other than bankruptcy. Sometimes late fees, default interest and �universal default� (where a default on a totally different card triggers penalties on an �on time� card account) often have driven my bankruptcy clients to the point where the lenders actually seemed to desire bankruptcy. If your credit card debt spirals out of control, your best "ace in the hole" is therefore always to discuss your issues with an experienced bankruptcy attorney. For $1200 to $2500 (depending upon where you live), all credit card debt of a person of modest means can be discharged in bankruptcy. Typically, this can be done with no loss of assets or possessions. My comments here are not intended as legal advice. Unless you retain me in the future, my comments do not create any attorney client relationship between us.

Read more
Answered on 6/15/09, 5:35 pm
JAY Nixon nixon law offices

Late Fees on Credit Card Account During Hospitalization, Bankruptcy Options

Unfortunately, you are liable for all late fees on your credit card as per the "card member agreement." These days, most such agreements allow the bank to change the terms at will, meaning that the "agreement" is more or less nonexistent or, more accurately, whatever the bank feels it should be during any given month. Normally such agreements (even those which are not changeable without notice) require all payments to be made in a timely fashion, regardless of whether you are in good or in poor health (or even are hospitalized or comatose). In other words, there are no legal excuses other than death or bankruptcy for not paying your credit card on time, assuming that the charges making up the balance owed were authorized by you. The best way to control credit card fees is therefore not to use credit cards; control them with a scissors,by using it to cut them in half. New legislation is currently being discussed in Washington DC which would regulate certain credit industry practices. Odds are, however, that late fees will not be among the practices banned. It never hurts to call the company to request that the fees be waived. You will often be at least partially successful if the late payment was not your fault. Nevertheless, credit card companies� penalty billing practices often leave consumers with few good options other than bankruptcy. Sometimes late fees, default interest and �universal default� (where a default on a totally different card triggers penalties on an �on time� card account) often have driven my bankruptcy clients to the point where the lenders actually seemed to desire bankruptcy. If your credit card debt spirals out of control, your best "ace in the hole" is therefore always to discuss your issues with an experienced bankruptcy attorney. For $1200 to $2500 (depending upon where you live), all credit card debt of a person of modest means can be discharged in bankruptcy. Typically, this can be done with no loss of assets or possessions. My comments here are not intended as legal advice. Unless you retain me in the future, my comments do not create any attorney client relationship between us.

Read more
Answered on 6/15/09, 5:35 pm


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