Q: I have a pending civil case for failure to pay credit card account. What happens if I can't pay it?
I have not been able to work for over 2 years due to many surgery's on my knees. My husband works but we live paycheck to paycheck and we don't own any property. Can you give me some idea of what will possible happen?
A: The court can issue a judgment against you for the amount of the debt. The creditor then can go to court again to try to collect on that judgment, which could include having the court order an employer to garnish wages by withhold a certain amount each payday. The creditor also could try to take any other property you own, like a car, to repay the debt. Call the attorney who is listed in the court summons and try to negotiate a reduction of the debt and a payment plan. If you simply can't pay any amount, tell the attorney that you will file bankruptcy, then use the Find a Lawyer tab and talk to a bankruptcy attorney who can advise you.
If you do not answer and/ or defend the pending lawsuit you will have a judgment against you. The judgment creditor then will have a right to collect from you. If your husband is not named as a defendant they cannot collect from him. If you have joint bank accounts the creditor will be able to attach the bank account.
If the credit card is not issued by a National Bank, then you were probably charged a rate of interest that exceeds that permitted under Ohio law, and the credit card company probably compounded interest in violation of Ohio law. You may be able to greatly reduce the amount owed by discussing the matter with an attorney near you.
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