If you have not paid your credit card bill for six months and are now going to court what can happen?

Answer 1

Assuming that "going to court" refers to a creditor lawsuit,unless the defendant has a viable defense, it is likely the creditor/plaintiff will be awarded a judgment for debt owed plus applicable legal fees. Not having the means to pay what is owed is not considered a valid defense. A judgment can be executed in several ways dependent upon the laws of the state in which the debtor resides. The methods of enforcing a judgment are wage garnishment or bank account levy, seizure and sale of any non-exempt property belonging to the debtor/defendant or aliens against real property owned by the debtor/defendent. All persons being sued are allowed a set of exemptions as specified by the laws of their state, these exemptions can be used to protect real and personal property from creditor attachment. If the debtor owns a home, the most important exemption would be that of the homestead, in some states this exemption is mandated by law, in others a homestead declaration must be filed to protect a primary residence. It would be in the best interest of the defendant to obtain legal advice or representation, most attorneys offer free of minimal fee consultations, also the local legal aid society can be of assistance in some cases. Another option would be for the defendant to contact the clerk of the circuit court in their city or county for information regarding the allowable exemptions and filing procedure. A court clerk can only impart general information pertaining to the law they cannot give legal advice.