I have a friend that is being taken to court by Bank of America Visa; on 6/22/04. The amount is $6000 with $4,000 being charges ; $2,000 fees. Does anyone know what she can expect if she can not make a payment arrangement. Right now she is not making enought to pay her basic living expenses. She can not afford a lawyer so she has to do it herself. Does it help to show the judge a budges? I told her to make sure that she shows up and explain her current financial situation to the judge. Is ther anything else she can do? SL does not apply because the account has only been in default for 2 years. She does not want to declare bankruptcy. What is her best defense.
1. If the the plantiff cannot reach a satisfying agreement before trial then expect the worst. A judgement award of $6K + court costs, and post judgment interest. After that they'll execute the writ and collect on the judgemetn thru wage garnishment or bank account seizure. (Or whatever your state allows) 2.If the judge is decent then maybe he will only award a partial judgment amount. 3. She has no best defense. She used the account she didn't pay the bill. The judge has no choice but to order a judgement.
