QUESTION

What do I do if my payment plan on a credit card is refused?

Asked on Jun 03rd, 2011 on Bankruptcy - Western Australia
More details to this question:
I have to go to court about a credit card. I call the lawyer to make a payment plan but he refuse to accept my offer what can I do.
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10 ANSWERS
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Spencer Hale
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Answered on Jun 07th, 2011 at 2:39 PM
If a credit card refuses your payment plan then you can either offer a different plan or you can file bankruptcy or you can put your head in the sand and let them garnish wages. My advice is to do one of the first two options.

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Answered on Jun 07th, 2011 at 11:34 AM
Assuming you don't have a defense to the claim, your options are to endure garnishments or file bankruptcy.

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Mr. Eric C. Lewis
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Answered on Jun 07th, 2011 at 10:28 AM
Bankruptcy is the only option that the creditor has to abide by in terms of complete discharge of debt or a proposed repayment plan under Chapter 13.

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Answered on Jun 07th, 2011 at 9:11 AM
If you owe money on a credit card the company does not have to agree to a payment plan. You might want to consider a Consumer Credit Counseling payment plan. If you debt is overwhelming seek the advice of an attorney as to your options.

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Answered on Jun 07th, 2011 at 9:05 AM
You stop talking to their lawyer, which was the worst thing you could have done, and you get a lawyer within 30 days of the case being filed. Generally, if you cannot cut a deal, you file bankruptcy if you qualify.

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Answered on Jun 07th, 2011 at 8:47 AM
Nothing you can do about it unless you have a signed, written agreement about it with the bank, have complied with it 100% and can prove it. Even one slightly late payment can bring to an end the payment plan.

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Answered on Jun 06th, 2011 at 3:41 PM
By the time they sure you they aren't willing to negotiate until they get a judgment. They might accept a plan after that or they may garnish your wages or freeze your bank account. Bankruptcy can recover any funds that may be garnished. But when you go to court in the first place, make them prove it's your account, for example by showing your signature on the original contract. Just a name and account number isn't proof the debt is yours.

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Answered on Jun 06th, 2011 at 3:26 PM
You can make another offer or consult with an attorney to look at your entire financial situation and make recommendations.

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Answered on Jun 06th, 2011 at 10:10 AM
You will likely lose the lawsuit as only the creditor can agree to a payment plan, not the Court. However, you may be able to discharge the debt in a bankruptcy case. Call us to set up a free initial in-person consultation.

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Answered on Jun 06th, 2011 at 10:04 AM
Keep negotiating with the credit card company until you reach an agreement, contact another lawyer.

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