Legal Question in Civil Litigation in Connecticut

I am being sued by a credit card for failing to fulfill my obligation of repayment. My problem is that I was put in a payment arrangement due to me losing my job and falling behind on payments. I made 2-3 payments of $300 to the credit card company and the last payment I did was a day late. They never applied those payments to my account and reason i stopped paying. Their reasoning was that I was late on the last payment. Can I have a lawyer request my last payments to this account and have a case to argue in court?


Asked on 10/01/12, 8:32 am

1 Answer from Attorneys

William Lasko Law Offices Of Wm Lasko

It depends on what is in the re-payment agreement and what constitutes breech. If strict construction of the agreement defense late payment as a breech of the agreement, then you are in default. In that you made a late payment, if they did not accept payment and returned to you then the pay properly sue you for default. Ultimately, their goal is to collect what you owe them. It is possible that legal counsel may be able to negotiate a settlement on your obligation. More importantly, if overall you are having financial difficulties and are behind in a number of your obligations, it may be in your best interest to talk to a bankruptcy attorney. In theory, it is possible that bankruptcy cold stop all collection activities cold that may be proceeding against you and it may give you breathing room to restructure and reduce your debt to a more manageable level.

William J.Lasko, Attorney at Law, tel 203 329-6602

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Answered on 10/11/12, 9:58 pm


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