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What can I do to stop a collection agency for a credit card company from seizing my property?

Question Details:I was sued by a collection agency for a credit card company. The sherif came to my home and informed me that I have to come up with $11,000 or they will have to seize my property. I don't have the money to pay. Should I file bankrupcy?

Asked 2 years ago under Bankruptcy | 976 Views | More Legal Topics

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M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

If you cannot work out any payment arrangement with your creditor, then bankruptcy may be an option for you.  Once a bankruptcy is filed an automatic "stay" goes into effect.  This means that any further collection against you must cease.  After that what happens depends on the type of bankruptcy that you file.

If a Chapter 7 is filed and there are no assets or all your assets are exempt, the judgment can't be collected against you personally, although it may still appear on your record.  If there are non-exempt assets, the judgment might be collected against those assets because although you get a personal discharge that would not lift any liens against the property itself.  That might require a separate state court case a year later (the debtor files a petition under Section 522 of the bankruptcy code to remove the lien).

In a Chapter 13, you may have to pay some or all of the judgment, depending on your financial circumstances, but any payment would be stretched out over time. However, outside of filing bankruptcy, even with a judgment, some creditors might settle the debt for a lump sum payment.

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