Legal Question in Credit and Debt Law in Michigan

Elderly Lawsuit

I am a widowed, 70 plus year old woman. I recieved a court document saying I am being sued for outstanding balance on a credit card. I dont have the money to pay the card, actually its hard just to put food on the table. I get very little per month from social security. Without filing for bankruptcy, is there any recourse available for a person in my circumstance. Thank You


Asked on 2/13/04, 11:49 am

3 Answers from Attorneys

Gregory J. Roth Gregory J. Roth, PLLC

Re: Elderly Lawsuit

An attorney might be able to negotiate a reasonable settlement on the balance, but if you truly owe on the balance, it seems nothing short of bankruptcy will allow you to avoid the debt. It sounds as if you are not collectible, but that will not necessarily stop a lawsuit from being filed against you. If you should have any questions, please contact me at www.lawgreg.com.

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Answered on 2/13/04, 5:56 pm
Regina Mullen Legal Data Services, PLC

Re: Elderly Lawsuit

The main question is whether bankruptcy will do anything for you.

Make sure to keep your social security payments separated from any other income, and let your bank know that your account is only used for SS income and that it is not garnishable. There is a letter you can write to achieve this.

To prevent them from calling and harassing, get the address and then send them a letter telling them not to contact you by telephone any further. Keep a copy.

With bankrupcty, you will stop any court action, but it costs several hundred dollars. You shouldn't try to do it yourself. If you can't pay and there's no way they can take anything of value from you, then it doesn't matter whether they sue you or not.

With respect to negotiation, if you have to choose between food on the table and paying a credit card, choose food. Thank goodness we no longer have debtor's prison.

The CALL legal services hotline may be able to help you in you live within the service area. The number is (888) 783-8190. CALL services most of the upper Michigan area, and various counties in SE Michigan.

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Answered on 2/13/04, 6:17 pm
Jesse Sweeney Sweeney Law Offices, P.L.L.C.

Re: Elderly Lawsuit

You may be able to negotiate directly with the creditor, or go through a credit counselor, but the first may be fruitless and the second may be expensive over time as a result of payments. Feel free to contact me at 248.569.1900.

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Answered on 2/16/04, 1:28 pm


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