What happens at pre-trial conference?

[Violet]

I am being sued by Discover in SE Michigan. I filed an answer to the complaint and the next day received a notice of a pre-trial conference February 2. I also received a questionnaire which must be returned 10 days before the conference. I am hustling to get the money to file Chapter 7, but don't know if I can swing it by then.

What happens at the conference? Do I just show up and say I'm unemployed and will be filing BK ASAP? How long do I probably have before this goes to judgment? If I don't want to appear at the conference, how long before it must I file BK to avoid a judgment?

[treehugger1]

Just curious, who is the attorney firm? They will probably discuss procedural issues, maybe attempt to get both parties to reach a settlement, etc. I'm not sure.

[AngelinaCatHub]

Just curious, who is the attorney firm? They will probably discuss procedural issues, maybe attempt to get both parties to reach a settlement, etc. I'm not sure.

To add to "Treehugger" questions, are you represented at all? This is a question for your lawyer. If you cannot afford to file, go pre se and get an indigent release.

By all means go to this hearing. Ask for a full accountability and question the amounts and anything that is truthfully questionable. It is alright to voice your bk plans. 'Hub

[Violet]

The plaintiff's firm is Buckles & Buckles. I cannot afford a lawyer. I made less than $3,000 last year and have no income right now at all.

What is an "indigent release"?

I am having a hard time coming up with BK money. As long as I show up to the hearing, there won't be a judgment issued there, correct? So if I go to the hearing, I don't have to worry about filing until after the hearing, unless they file for and win a Motion for Summary Judgment, right?

[catleg]

Not being able to pay isn't really a defense. In the worst case scenario you'd get a judgment right away followed by information subpoena/debtors exam.

However an alternative path is they ask you what can you afford and assuming you tell them an amount > 0, you get a stipulated judgment saying you'll pay that amount, otherwise it turns into a regular judgment.

If you just want to mess with them and delay a few months, I'd state that the charges are in dispute (strongly hint fraud or identity theft without saying such) and you have refused to pay until they produce documentation.