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Are you required to show proof of income in court for credit card debit

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09Lexie
Moderator Emerita

Re: Are you required to show proof of income in court for credit card debit

I am sorry this is happening to you, everyone has fallen on hard times. I noticed the last time you posted you were asking about cc's to app for; why ask if you are unemployed?

I sincerely hope you get your affairs in order- and as webhopper stated you might be judgment proof. However, if you appd and were not truthful on your app - seeking legal advice would be an excellent idea.
Message 21 of 27
improvent363
New Contributor

Re: Are you required to show proof of income in court for credit card debit

@enharu  They are threatening to sue me for defaulting on your debt

Message 22 of 27
enharu
Super Contributor

Re: Are you required to show proof of income in court for credit card debit

Ignore all the comments made about fraud for now. Pay attention to them only if the creditor ever brings it up.

 

For now, your best option is to post on expertlaw or any other law related forums and seek some temporary advice for now, and then talk to an attorney and discuss your options. 

You can try looking around for free legal aid services. Some attorneys also offer free first consultations. It's best you talk to as many as you can to explore all possible solutions and better know where you stand as things are.

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Message 23 of 27
improvent363
New Contributor

Re: Are you required to show proof of income in court for credit card debit

okay. I got the help I needed and just have one more question:

 

Can you still file for bankruptcy chap. 7 even if you receive a letter to show up to court (the letter that shows after the threating letter to sue) because you received a judgement from your credit card company for not paying your credit card debt?

Message 24 of 27
enharu
Super Contributor

Re: Are you required to show proof of income in court for credit card debit

I am not an attorney and I think it might vary depending upon state laws.

 

But to my best estimate, I think you can still file for bankruptcy.

 

JPMorgan Palladium (100k), AmEx Platinum (NPSL), AmEx SPG (46k), AmEx BCP (42k), Chase Sapphire Preferred (47k), Citi Prestige (31k), Citi Thank You Preferred (27k), Citi Executive AAdvantage (25k), JPMorgan Ritz-Carlton (21k), Merrill+ (15k), US Bank Cash+ (22.5k), Wells Fargo (12k), Bloomingdale’s (12.4k), Chase Freedom (5k), Discover IT (5k).
Message 25 of 27
bklawyer
New Visitor

Re: Are you required to show proof of income in court for credit card debit


@enharu wrote:

I am not an attorney and I think it might vary depending upon state laws.

 

But to my best estimate, I think you can still file for bankruptcy.

 


 


This is not legal advice and should not be construed as such.  I am not your lawyer and we do not have a lawyer-client relationship.  The only specific advice that I can and will give to you is to contact, contract with, and consult a practicing attorney in your area.

 

Bankruptcy doesn't vary much at all depending on state laws as it is a federal system.  

 

Filing for bankruptcy starts an "automatic stay" in which creditors are no longer allowed to attempt to collect debts until the bankruptcy proceedings are completed and the court lifts the stay.  If you're eligible, chapter 7 provides a complete and immediate discharge of all dischargeable debts (after the court liquidates all property/assets to pay creditors, of course, and after all of your secured creditors have, at least, picked up their collateral).  Chapter 13 sets up a payment plan to pay off creditors for a period of time, after which a discharge is received.  People who have a house they want to save (it would likely be sold for equity in Ch. 7, absent saving provisions in homestead provisions)prefer ch. 13 because the payment plan will supercede their mortgage.  

 

A court judgment is just another kind of debt that can likely be discharged in bankruptcy (Types that can't are generally things like child support payments and the like).

 

 

Message 26 of 27
somnipotent
Frequent Contributor

Re: Are you required to show proof of income in court for credit card debit

Might I suggest you remove yourself from the credit card forums and seek refuge and advice from the Rebuilding Your Credit forums.  As Lexie has mentioned before, your previous post was asking us which credit cards to get with fair credit and this second thread on how to defend yourself in a court of law because you may or may not have misrepresented your income on a credit card app.  I think it's best that you refrain from any more credit applications and work on rebuilding your profile, and if I am correct to assume you're facing some pretty serious consequences due to the inability to manage your credit.  This is an internet forum and not even a close replacement for legal advice.  Sorry for jumping on my soap box there.


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Message 27 of 27
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