Originally posted by sofargone
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Been Served should I go to court or not?
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Jenbow, what state are you in? I am in Illinois where I didn't have to file an answer. If you must file an answer, deny everything ecept your name and address of course. Make them prove that you owe the debt. Admit nothing. A good response might be: Defendant lacks sufficient evidence.. Denied.
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Originally posted by blockhead View PostI'd file an answer with the court. I cannot affirm or deny type response. There are examples on this forum. This should kick the ball down the road a few months.
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Appearance fee?
The court wants to charge you a fee to defend yourself? Gotta love that.
You should file an answer along with a motion to waive fees because you are insolvent.
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Appearance fee?
The court wants to charge you a fee to defend yourself? Gotta love that.
You should file an answer along with a motion to waive fees because you are insolvent.
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I'd file an answer with the court. I cannot affirm or deny type response. There are examples on this forum. This should kick the ball down the road a few months.
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Why are you afriad of a default judgment?
The debt creating the judgment will be discharged in your bk. You and your lawyer then can go back to the court that returned the judgment and get in vacated.
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Originally posted by sofargone View PostSorry I am new to all of this...
I was served with a summons a couple of weeks ago and have a return date this week. I am on the fence about showing up or not because.. 1. I would have to pay an appearance fee of over $100.00 and 2. I may loose anyway.
I met with a BK attorney last week and paid them a retainer. They sent a letter to this attorney saying that they are preparing to file BK for me. It is going to take me a few months to pay this attorney in full and I would rather have the $100.00 appearance fee go to the attorney instead of the court BUT I am scared to death of letting them get a default judgement against me..
any advice is greatly appreciated.
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Why are you afriad of a default judgment?
The debt creating the judgment will be discharged in your bk. You and your lawyer then can go back to the court that returned the judgment and get in vacated.
Leave a comment:
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Been Served should I go to court or not?
Sorry I am new to all of this...
I was served with a summons a couple of weeks ago and have a return date this week. I am on the fence about showing up or not because.. 1. I would have to pay an appearance fee of over $100.00 and 2. I may loose anyway.
I met with a BK attorney last week and paid them a retainer. They sent a letter to this attorney saying that they are preparing to file BK for me. It is going to take me a few months to pay this attorney in full and I would rather have the $100.00 appearance fee go to the attorney instead of the court BUT I am scared to death of letting them get a default judgement against me..
any advice is greatly appreciated.Tags: None
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