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    served papers to court

    this is copied and pasted from the general bk talk,so some may have already saw it but thought Id post it here too. I'll take all the help/advice I can get!

    Just got served papers for court..m
    Ok long story short. my husband and I filed ch 7 in 2001. 3months later he was diagnosed with pancreas cancer and he died in 10/03, I had 3 young children and of course really had no chance to recover after the BK with all that went on. in 06 I had to have open heart surgery, in 08 I nearly bled to death(on a blood thinner since the heart surgery) and had to quit my job to go back on state health insurance, since then where I worked has gone out of business. I live on the SS money that I get for having minor children since my husband died. its $1648 a month, not much and NOT enough to continue paying the credit cards so I stopped paying them 5/08 and have been trying to figure out what to do.

    I am now going back to college with hopes of being able to get a good job. I was planning on filing bk again and have sworn off credit cards(about 10,000 in CCs and about $25,000 in medical because I had no insurance at where I used to work)..

    What should I do? I obviously can not pay back what I owe for this CC(btw its capital one and I owe just over $3K on it. theres really no room for me to set up any sort of payments either because its just not there, I have a car payment/insurance/rent/lights/phone(home and cell) which are both at the minimum/I have a satellite which I could turn off,but we cant pick up a signal out here etc.. we never eat out, we buy store brand stuff, buy stuff off clearance and such and still are always strapped for $ barely getting by.

    Do I rush out and find a lawyer who will let me start the process with a little scrapped up $ up front? will that take care of the court thing or would I still have to go? Do I go to court and claim judgement proof? then what?

    helllllpppp

    -grace

    #2
    Do you own a house?

    How old is the car and how long have you been paying on it?
    Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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      #3
      I know what you are saying when the house falls down upon you, I have been there. These characters don't care. Only money talks.

      I have put you on my list so that when I perfect a way to turn a turnip into blood, you will be one of the first to receive one of my turnips.
      Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

      Comment


        #4
        I have a 1994 Jeep Cherokee with 285,000 miles on it and lots of little problems.. its paid for.

        I also have a 1996 dodge caravan with 175,000 or so and I still owe around 2 years on it,been paying on it a couple years, had the load re-worked so I got some money back over a year ago to buy school supplies and clothes for the kids,bad choice long term I know,but at the time I had no other way.

        I dont own a home. I rent. dont own any land property of any sort.

        I just dont know what to do. Should I call who issued the summons and explain to them that I am judgement proof as the only $ I have is the SS?? and tell them up front I have nothing to hide,but also have nothing for them to take?? would they drop it so I wont have to go to court? Im not really afraid of going,but definately dont want to and dont have a way to pay for the court fees

        -grace

        Comment


          #5
          "I would let it go to a default judgment and avoid all the stress and the whole ordeal."

          what do you mean by this? just not go to the court date or what? I figured not showing would grant me a warrant or something equally as bad. The court is here in my town, I have no clue what the fees might be if I did go,would they tell me that if I call and ask? who would I ask exactly?

          and I need to write them a letter if I plan to NOT go to court? or do I need to do both?

          oooh you will have to excuse me, Im not one to have a very *legal* kind of mind and am pretty clueless as to what goes and and how things happen, not to mention Im brain fried from studying for mid terms on top of all this.

          the summons itself lists the exemptions for the state of TN,so can I just use that info in the letter? and where would I find the info for the fact that the SS can not be garnished? I guess I can find that online tho, Ive not looked yet so it may be simple and easy to find, again excuse my ignorance I really have no clue and while I have been thru heck and back the past few years this is something I know very little about and have been pretty shaken on the inside since getting those papers, its just been one thing after another lately and that was the last thing I needed--but isnt that how it always goes? when you think it cant get much worse is exactly when it does.

          thank you sooooo SOOO much.. and yeah I will take all the help you want to offer with the letter. should I send it to other CCs that I owe too or just lay low for the time being with them?

          -grace

          Comment


            #6
            What does it mean that I need to respond to the summons?? what does that entail exactly? do I call the courthouse, go to the courthouse? what do I tell them exactly? do i need to take any thing for proof of anything?

            So wait, can a warrant be issued for me if I dont show up for this summons?? is that different than a judge ordered supeona? this states on it that its a civil summons.. I'll go if need be, just wish it wasnt going to cause me to miss class,but there are worse things and I dont want to make it worse by not going.

            I will be calling legal aide offices on Monday, I would do it today but just not sure that its real feasable..but it may happen. hopefully they can hook me up with someone who will be helpful

            I do have a checking acct, but all that goes into it is all that I have, the SS money and that can be proved. Id really rather NOT close the acct because I have some things that come out automatically,and the SS checks go in automatically and Id rather not deal with that if I could avoid it. Do I need to re-think my thoughts on this?

            -grace

            Comment


              #7
              ok am waiting on the local Legal Aid office to call me back, Im pretty certain I would qualify for some sort of assistance from them and if for some reason I dont maybe I can get some advice from them, or maybe they can hook m up with a good lawyer who has reasonable fees and is understanding of the low income that I have.

              I called the legal aid office Friday and it said that due to the excess of calls that it may take up to 24 hours for the call to be returned, that said Im still waiting BUT I do understand there was a weekend and such.Im thinking if they DONT call today then tomorrow I will call some lawyers and see if I can get a free consult SOON and see what I can get going, hopefully I will be able to get a BK going with a little $ down.

              oh how I hate waiting on phone calls,and its all automated so I cant get to a person all I can get to is a place to leave a message

              -grace

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