Legal Question in Credit and Debt Law in California

I am being sued by a collection agency for an unsecured credit card debt from my bank. What are my options, I do not have money to pay the debt and bankruptcy is not an option.

Asked on 2/10/11, 9:37 am

2 Answers from Attorneys

Robin Mashal HONG & MASHAL, LLP

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should immediately file an answer and raise your affirmative defenses, or else they may obtain a default judgment against you. Alternatively, if you are not contesting the debt (e.g. they are mistaking you with someone else with a similar name), and if you are able to pay something, you may be able to negotiate a discount. Also, I was going to suggest bankruptcy, but based on your description that is not an option for you. You should consult your own attorney to protect your legal rights.

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Answered on 2/10/11, 9:59 am
Asaph Abrams Law Office of Asaph Abrams

An important principle to consider is that bankruptcy is a financial state: a function of insolvency and/or oppression from debt; "filing" bankruptcy is a proactive means of resolving that situation; therefore it's generally recommended to seek legal counsel from a qualified bankruptcy attorney in order to consider all options. See for listings of bankruptcy attorneys in your area.

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Answered on 2/10/11, 10:21 am

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