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Debt Lawsuit While Pregnant: When It Helps to Fight

Quick Answer: A pregnant woman being sued for credit card debt will likely lose the case regardless of pregnancy or unemployment status, since courts focus on contract breach rather than personal circumstances. However, creditors cannot seize unemployment benefits or other public assistance, so collection may be limited until she returns to work with regular income.

“Dear Steve,

To put a long story short, i received a letter in the mail saying that one of my credit cards is suing me and my court date is two days after my due date. I don’t work, I’m 8 months pregnant. I’m afraid to the judge will order me to pay my debt, when financially I wouldn’t be able to do so

My question is, will the judge rule in favor of the debt collectors if he sees i m pregnant and unemployed, or would that not matter in court. Because I don’t know what the outcome of not paying, when the judge orders you to. Because I m going to be expecting my newborn literally around the same time all this will be taking place. I know you can’t give an exact answer but what do you think mu outcome will be.

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Tracy”

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Dear Tracy,

If I was to bet, I’d bet you’ll lose. You see this has nothing to do with your pregnancy or employment. The creditor is going to court to say you defaulted on your contract to make payments and it seems you have.

If you don’t have any income other than your unemployment and no other assets lingering around then you might just want to let the case proceed, you’ll lose and the creditor will go back for a judgment against you. If you want more or specific information about what the legal process entails, please seek out a licensed attorney in your state.

Since your income is public benefits they can’t seize your income for the debt. Once you decide to head back to work and making money other than public benefits, then we can deal with this. But for now let’s just get you through your pregnancy and have you deliver a happy baby without the stress of this debt.

By the way, if you have not done so already, be sure to look at other benefit programs you may be eligible for including WIC and SNAP. You can find information on those programs at Benefits.gov. These programs will help you make ends meet after the delivery.

Please post your responses and follow-up messages to me on this in the comments section below.

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Steve Rhode The Get Out of Debt Guy | Consumer Debt Expert
Consumer debt expert & investigative writer. Personal bankruptcy survivor (1990). Washington Post award-winning author. Exposing debt scams since 1994.

1 thought on “Debt Lawsuit While Pregnant: When It Helps to Fight”

  1. Dear steve..
                      i received a letter from debt collecting company  saying if i dont pay within 7 days. i’ll have to bear additional  court and solicitor fees….i already stressed out how to pay the remaining bill ..steve i’ve been unemployed for 5 months now.applying for job havent got one yet.i’m living with my brother in rented house and i dont know what to do.
                                                                                                             
                                                                                                                  
                            

    Reply

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