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What Happens In Court when being sued by CC?

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    #16
    Well, its too bad if he's really just jerking us around...but, maybe all the good answers will help some others, anyway.

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      #17
      I agree, I have been wishy washy in my decision making. Yes, over the pat year I did post the same question over again in different ways. I know that is the reason my mother stopped living with us and moved back to NY. She could no longer stand the situation I was in. Last year I knew I was in over my head financially. Having lived off credit for years, I had spent all of my mothers and I savings paying minimums. I should have filed last year when I still had money to afford an attorney. From last November to this past June, I just stopped living. I had stayed home with my children all their lives. I home schooled my children. My oldest is now an honors student on his way to college, which makes me feel it was time well spoent. When he was 3 , I was told he was autistic and would never be " normal". Last April I started working so I could get us out of the terrible living situation. Then I got slapped with a lawsuit. It became clear to me I had to act, rather than think about it. One thing in my own defense. I am alone in my situation. Most people have family to fall back on and help. I have no one. So decideding to uproot the children from their schools that they just got used to was pretty hard. Knowing that I can only save so much towards a lawyer is difficult too. Not having transportation makes it almost impossible. Yes, there are shelters, but they are 45 minutes from where I work and where the children attend school. I only wanted to know what will happen in court. Without a lawyer , I have no idea. I am trying my best. I am very appreciative for the support and help I have recieved on this forum. Without the support I would have never known about summons, answers, and judgements. I wish there truly was legal help. Its not from lack of trying. Before I was terrified that if my husband found out about my debt that I would have no place to live. What I feared has come upon me, what I dreaded has happened to me. I WILL file for bankrupcy and get my life on track. I am so afraid though since I will be unable to afford the attorney fees until February. With the court date being in January , Iam very scared. I don't know what they will ask, what to bring. I honestly tossed all the statement into the paper shredder. I have no real defense, except that my husband would not support our family. I truly never paid anything into the house ever. I feel so cornered. Thank you to everyone. I really really am not lying, and realize I need help in more than one way. I try not to make excuses for what I created financially. I am not without fault. Working is very hard on me. I never even mentioned that I have SLE on top of it all. Thank you for the support, and I really feel this forum is a lifeline. I promise to continue to tell my progress and victories. This month I have saved $400 towards the bankrupcy, moved out of the house, worked more hours and seriously spoke with legal counsel. I am trying!!

      Comment


        #18
        Originally posted by merime View Post
        I agree, I have been wishy washy in my decision making. Yes, over the pat year I did post the same question over again in different ways. I know that is the reason my mother stopped living with us and moved back to NY. She could no longer stand the situation I was in. Last year I knew I was in over my head financially. Having lived off credit for years, I had spent all of my mothers and I savings paying minimums. I should have filed last year when I still had money to afford an attorney. From last November to this past June, I just stopped living. I had stayed home with my children all their lives. I home schooled my children. My oldest is now an honors student on his way to college, which makes me feel it was time well spoent. When he was 3 , I was told he was autistic and would never be " normal". Last April I started working so I could get us out of the terrible living situation. Then I got slapped with a lawsuit. It became clear to me I had to act, rather than think about it. One thing in my own defense. I am alone in my situation. Most people have family to fall back on and help. I have no one. So decideding to uproot the children from their schools that they just got used to was pretty hard. Knowing that I can only save so much towards a lawyer is difficult too. Not having transportation makes it almost impossible. Yes, there are shelters, but they are 45 minutes from where I work and where the children attend school. I only wanted to know what will happen in court. Without a lawyer , I have no idea. I am trying my best. I am very appreciative for the support and help I have recieved on this forum. Without the support I would have never known about summons, answers, and judgements. I wish there truly was legal help. Its not from lack of trying. Before I was terrified that if my husband found out about my debt that I would have no place to live. What I feared has come upon me, what I dreaded has happened to me. I WILL file for bankrupcy and get my life on track. I am so afraid though since I will be unable to afford the attorney fees until February. With the court date being in January , Iam very scared. I don't know what they will ask, what to bring. I honestly tossed all the statement into the paper shredder. I have no real defense, except that my husband would not support our family. I truly never paid anything into the house ever. I feel so cornered. Thank you to everyone. I really really am not lying, and realize I need help in more than one way. I try not to make excuses for what I created financially. I am not without fault. Working is very hard on me. I never even mentioned that I have SLE on top of it all. Thank you for the support, and I really feel this forum is a lifeline. I promise to continue to tell my progress and victories. This month I have saved $400 towards the bankrupcy, moved out of the house, worked more hours and seriously spoke with legal counsel. I am trying!!
        If all this is true, you have my apology. I do have some caveats though: Why is your ex husband (I assume ex) not supporting you and paying child support? Why was your Mother living with you at all? Did she help in anyway or just sponge? If she left you, why? Be clearer. You did/do have family, her. If you are THAT destitute, you need not worry about being sued as you are collection proof. If you make that little bit of money, what is your income (job position) as that is far below minimum wages.

        You contradict at times and now have $400 saved for legal fees? Can you blame others for questioning your legitimacy? You have been here quite some time and would have been better off to act than allow yourself to get into worse situations.

        When you home schooled your children, a full time job as my child did the same, who then supported you? Husband? You realize you can make him pay child support as well as back child support.

        Your son is now old enough to go to college and who is paying this? Did he get a scholarship? How will he get there? Can he help to pay your bills? So attempting to get Public support is not a sin when you need it. Go for it as less as described poor people qualify less and get more.

        Have you considered going bk pro se? You can get volunteers to help you with the forms, answer questions honestly, and get your filing fees waved.

        I'm sorry, but your story rings of too much drama. Please help convince me/us of your legitimacy. I've been around here long enough to have gut feelings, and you confuse me.

        I hope for you, and wish you well. If I could see your plight, maybe I could understand and believe it. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #19
          Originally posted by merime View Post
          I agree, I have been wishy washy in my decision making. Yes, over the pat year I did post the same question over again in different ways. I know that is the reason my mother stopped living with us and moved back to NY. She could no longer stand the situation I was in. Last year I knew I was in over my head financially. Having lived off credit for years, I had spent all of my mothers and I savings paying minimums. I should have filed last year when I still had money to afford an attorney. From last November to this past June, I just stopped living. I had stayed home with my children all their lives. I home schooled my children. My oldest is now an honors student on his way to college, which makes me feel it was time well spoent. When he was 3 , I was told he was autistic and would never be " normal". Last April I started working so I could get us out of the terrible living situation. Then I got slapped with a lawsuit. It became clear to me I had to act, rather than think about it. One thing in my own defense. I am alone in my situation. Most people have family to fall back on and help. I have no one. So decideding to uproot the children from their schools that they just got used to was pretty hard. Knowing that I can only save so much towards a lawyer is difficult too. Not having transportation makes it almost impossible. Yes, there are shelters, but they are 45 minutes from where I work and where the children attend school. I only wanted to know what will happen in court. Without a lawyer , I have no idea. I am trying my best. I am very appreciative for the support and help I have recieved on this forum. Without the support I would have never known about summons, answers, and judgements. I wish there truly was legal help. Its not from lack of trying. Before I was terrified that if my husband found out about my debt that I would have no place to live. What I feared has come upon me, what I dreaded has happened to me. I WILL file for bankrupcy and get my life on track. I am so afraid though since I will be unable to afford the attorney fees until February. With the court date being in January , Iam very scared. I don't know what they will ask, what to bring. I honestly tossed all the statement into the paper shredder. I have no real defense, except that my husband would not support our family. I truly never paid anything into the house ever. I feel so cornered. Thank you to everyone. I really really am not lying, and realize I need help in more than one way. I try not to make excuses for what I created financially. I am not without fault. Working is very hard on me. I never even mentioned that I have SLE on top of it all. Thank you for the support, and I really feel this forum is a lifeline. I promise to continue to tell my progress and victories. This month I have saved $400 towards the bankrupcy, moved out of the house, worked more hours and seriously spoke with legal counsel. I am trying!!
          Merime, I have posted to your threads over the past year, and I have been sympathetic to your story. I do not think that you should be worrying about this law suit now. It will be vacated when you file for bankruptcy anyway. Right now, I would concentrate on getting the money to pay a lawyer, and more importantly, on finding a way to support yourself. Your bankruptcy is not going to help you if you are not making enough money to live post bk.

          When everything seems overwhelming, sometimes it is easier to concentrate on one thing. You are concentrating on the law suit, but it is not the most important thing right now. Take care of yourself. Concentrate on finding better employment that will pay your bills. Find a safe and affordable place to live and reliable transportation. Save for a lawyer. These are the things that matter right now, not this lawsuit.

          You are making great progress and I know it is overwhelming. Take care of yourself first and then work methodically towards rebuilding. Let the less important stuff go on the back burner.

          We are here to help.
          You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

          Comment


            #20
            After rereading our host's posts (again) if all is true, she needs a divorce lawyer far worse than a bk lawyer. Remember, she may bk, but her husband (if married) will still be involved. His wages whether she got them or not, will be counted on her paperwork.

            If all is true, she needs to flee to a halfway house away from her description of her husband as her physical (and mental) safety is more important than a bankruptcy.

            I hope that my gut feeling is NOT wrong as I would not want this person to be actually in this mental mess as described. I'd rather be fooled as with "debtmonster" did to us one time. My heart and prayer goes out to this person for whatever situation she is in. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

            Comment


              #21
              I can be a huge sucker sometimes, but I'd rather err toward the side of compassion in this case. I don't think it's as easy as just, "Get out of the situation." Though, from the outside, we can all see what "should" happen, OP leaves the husband, gets a divorce, gets child support, and most likely alimony depending on NC's laws (she hasn't worked for the majority of the marriage, and can perhaps prove how he kept her from it), from the inside, it is much more paralyzing. If all said is true, she is starting to take some of the steps she needs to take to move forward.

              I wish you all the best, merime. I do agree though, this lawsuit seems like the most important issue facing you, but it's a distant problem. Focus on your immediate issues and take it one day at a time.
              Filed pro se, made it through the 341, discharged, Closed!!!

              Comment


                #22
                This thread has run its course and is being closed.
                _________________________________________
                Filed 5 Year Chapter 13: April 2002
                Early Buy-Out: April 2006
                Discharge: August 2006

                "A credit card is a snake in your pocket"

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