stop paying credit cards

[icyjay01]

I am in the process of fileing for a bk, but in order to get the money to pay for all the lawyer fees, I need to stop paying my cards to get that money. My question is, can the cc companies sue you if you atleast pay something each month? I dont know how long it will take to get the money together and im afraid I will get sued and having my wages garnished. Any help would be appreciated.


Thanks

[Pizza]

They don't have to take less than their minimum payments, and probably won't. Wage garnishment and other creditor actions vary by state and can't be executed without a lawsuit which is usually not a quick process depending on the creditor.

If you can't pay (and I mean CAN'T as opposed to it just not wanting to), I wouldn't pay and study and get the BK ball rolling.

[klandsb]

Well...My last pmt on my cc was in 9-08... and I just got sued by one of them.. talked to a lawyer tonight & we are working on it....most likely if u did get sued you can stall them for a while like I am going to do... they usually dont have the paper work in order that they need and are hoping you dont know any better and let the judgement get ok'd...so all in all you probally have a while until they catch up with you .....

[albacore44]

Well...My last pmt on my cc was in 9-08... and I just got sued by one of them.. talked to a lawyer tonight & we are working on it....most likely if u did get sued you can stall them for a while like I am going to do... they usually dont have the paper work in order that they need and are hoping you dont know any better and let the judgement get ok'd...so all in all you probally have a while until they catch up with you .....

So which one of them sued and how much do you owe ??

[justplaintired]

We quit paying on 01-08. We were sued in May 09. So if you stop paying to pay the attorney you will have a little time.

Did you already meet with an attorney? We only quit paying cc once we meet with an attorney and knew BK was our only option. So go for a couple different attorney consultations, and they will advise you on when to stop paying.

[klandsb]

actually I was sued by GE Money/Lowes Home Improvement......It was total 3100.00.. The collection agency is Mann Bracken.... My attorney didnt seem to think they are junk debt buyers but I am not sure about that ... seems like a pretty low amount considering some of my other ones are 4 times that

[catleg]

You normally have at least six months from your last payment before anyone will file suit. A lot depends on whether they think you have a job and/or own real estate. If they don't know or aren't sure it can be considerably longer.

[optimistic1]

actually I was sued by GE Money/Lowes Home Improvement......It was total 3100.00.. The collection agency is Mann Bracken.... My attorney didnt seem to think they are junk debt buyers but I am not sure about that ... seems like a pretty low amount considering some of my other ones are 4 times that

how long before they sued you?

[icyjay01]

I am in Texas also and i believe in Texas they are only able to garnish your check for back taxes and child support, is that correct?

[icyjay01]

You normally have at least six months from your last payment before anyone will file suit. A lot depends on whether they think you have a job and/or own real estate. If they don't know or aren't sure it can be considerably longer.

In Texas I believe the only thing that can be garnished from a your check is back child support and back taxes, is that correct?

[optimistic1]

In Texas I believe the only thing that can be garnished from a your check is back child support and back taxes, is that correct?

From the Texas State Bar website, doesnt really say about what can and cant be taken from a check though

What Do I Do After I Win?

If you have convinced the judge or jury that your side of the story is correct, and that you are entitled to some money from the person you sued, the judge will enter a "judgment" in your favor. But this doesn't get you any money. Sometimes the hardest part of small claims court is getting your money. In the vast majority of cases the person you sued will simply pay you after you win. If he or she does not, however, you must take legal steps to try to enforce your judgment.

There are a number of legal devices that you should consider after you have won in small claims court. The first thing you should do is file an "Abstract of Judgment." This is the device that makes your judgment public record and gives it legal effect. It also gives you a "lien" on any "non-exempt" real estate the person owns in the county you filed in. In Texas, a person's homestead is exempt. If they own any other property, for example, rental property, your abstract of judgment gives you a lien on that property and you could force its sale to satisfy your judgment.

If the person doesn't own any non-exempt real estate, however, your abstract of judgment will not help you. Therefore, you should consider a "writ of garnishment." This device allows you to obtain any money that is owed to the person you sued. The most common type of money that a writ of garnishment is used for is a bank account. If you know where the person you sued banks, you can go back to the clerk of the court and obtain a writ of garnishment to force the bank to turn over the money in the account to you.

You can also use a writ of garnishment to go after money owed to a person who is self-employed. For example, if you sue a contractor and he doesn't pay the judgment, you can use a writ of garnishment to get money owed to the contractor by other customers.

Texas law also allows you to obtain what is called a "writ of execution." This device orders the constable to take the debtor's "non-exempt" personal property and sell it to pay your judgment. In Texas, however, much of what the average person owns is "exempt.' Exempt property includes most personal property, up to $30,000 in value for a single person and $60,000 for a married couple. If you sued a business, however, its property may not be "exempt."

Finally, there is a device called a "turn-over order." This permits the judge to order the person to turn over non-exempt property to you to satisfy the judgment. For example, if you know the person you sued is receiving a large sum of money from a construction job he is just completing, you can use a turn-over order to have the court order him to pay some of that money to you.

Texas law is very favorable to debtors and it can be hard to collect, even after you win. In most cases, however, you will get paid, and there are ways to try and force even the most stubborn debtor to pay up.


Courtesy,

http://www.texasbar.com/Template.cfm?Section=Legal_and_Judicial_System&CONTENTID=3869&TEMPLATE=/ContentManagement/ContentDisplay.cfm

http://www.tlsc.org/lhot%20pubs/rights%20of%20debtors%20in%20texas.pdf

[wantout]

In order to pay my attorney I have to stop paying on at least 2 accounts, they happen to be the largest and were talking $1000 a month from me combined, now that money goes to my attorney, the first payment that will be missed will be in 2 weeks......dont know if I should happy or sad.....but I am not paying $800 a month in interest anymore to anyone, that is for sure.

[optimistic1]

I would definitely be happy if I was you.