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If the debt is valid there is very little the debtor can do other than negotiate a settlement with the creditor before the lawsuit gets to court.

If the creditor does decide to sue the debtor, it is imperative that the defendant files a response. Regardless of whether or not the funds can be paid, NOT responding will almost always result in the courts granting a default judgement.

In lieu of that the debtor should make themselves aware of the laws of their state pertaining to the type and amount of real and personal property that can be protected from the execution of a judgment.

In generally, creditor judgments can be executed in various ways, the preferred method is wage garnishment or bank account levy. A judgment can also be used to seize and liquidate non exempt property belonging to the debtor or a lien against real property. If the debtor owns a home he or she should make certain that the homestead exemption has been filed or is "automatically" protected by state law.

The best option would be to obtain legal advice and/or representation. Most attorneys offer free or minimal fee consultations. The ABA offers free nationwide referral service on the website, http://www.abanet.org.

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Q: What can someone do when they are being sued by a credit card issuer and they do not have the funds to pay what is owed?
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