Quick question that I can't find the answer to...

[Marymom]

I was served 20 days ago.

Today I received a small claims court date for 9/8.

I see my lawyer on 8/28.

Can I file without all my financials in order or do you have to have all your paperwork ready the day you file or not until the 341 meeting?

Can I include (by running a credit report) on my spouse and include all his debts so I won't be hounded by his creditors.

We have been seperated for 4 yrs. I know I should finish the divorce, but right now I have reasons.

He took anything that was worth anything when he left.

We together would qualify for a chapt 13, I'm trying for a 7, and I KNOW he would not pay his portion of the 13.

Thanks for your help

[TEW]

If you are sure you are filing don't worry about the judgment if that’s what you are talking about. You will need all the info before you file but talk to your attorney. They tend to take their time so you’ll have time

[Marymom]

Thanks. I'm worried about the court date. The notice said to call them immediately if I was going to show.

I called and said I would show or have a letter from my lawyer.

She said that all she need was the filing number.


I am judgment proof. I don't know what they expect.

The compay is called Midland Funding in Camp Hill PA. This account has been sold 3 or 4 times and I have not made a payment in 3 years!

[justplaintired]

If you were legally divorced, then I would say file and let him have the bills, because if you were divorced, they would have no choice but to get their money from him.

You can not file BK for him. I would not file a C13 with him either, not if your not together.

You have a great question for an attorney here. I honestly haven't seen this one before. It would have been so simple if you were already divorced, you'd file C7, he'd be the one stuck with the bills, not you. Since you don't live together I just don't know. I wish I could help more.

I am sure a good attorney can answer these questions, but do take all your paperwork with you. Financial papers, dig out tax returns for last 3 years, take paystubs, 6 months worth. Our lawyer pulled out credit report while we were in his office, so he had all our acct info. Also, between now and then get prepared, it will help move the process along.

You will need to work on your expenses. Lots of info on here about that. Your house payment/rent, utilities (12 month avg.), cell and home phone, cable, gas, groceries, insurance payments, car payment, home maintenance, car maintenace, there are lots of living expenses and you will find many listed on this forum.

Since you have a little time, see if you can't meet with another attorney, you should honestly meet with more then one unless this one comes high recommended to you.

I don't know if an attorney can get you filed before the court date, but if nothing else, even if the get a judgement and if you are prepared before the meeting maybe it will be filed before you make any payments. If I was you, I would spend as much time as you can afford on this forum and start gathering up everything before you even go to the attorney, this way you are totally prepared with paperwork and can maybe hurry the process along.

Good luck!

[AngelinaCat]

Marymom, you or your attorney can file an Emergency Petition. Then you have 15 days to get the rest of the paperwork filed with the court, or the case will be dissmissed.

This is what we did, because we were being hit with 2 lawsuits that would have resulted with judgments. We filed 12/28/07, because in January of each year, we receive a stipend from a trust. If we had delayed, we would have had to wait another 6 months before we could file.

Good luck to you>

[Marymom]

Thanks for your replies.

I don't want to sound greedy but here goes.

He pays SS and mortage remediation in PA. I will not get this if I am divorced.

I don't work full time. I have a handicapped son who is 16 and I receive SSI for him. He is a handful and misses about 30 to 40 day a year due to sickness. (It was easier when he was smaller, he has Downs.)

If I hired some one to watch him when he was sick, it would have to be in my home, and currently these people are making 20 bucks an hour. 1 day a week would wipe out my pay. And to get them on the spot is tough.

I could go back to court and get him to pay, but he won't. He does not care.

The appt that I have is for about 750 dollars, filing included. Under the low cost legal. I don't think I can get another atty for that amount.

I don't have any tax returns for the past 4 years. My income is under the limit. I only filed last year so I could get the extra money they were giving out.

I'm on help with my gas and electric.

I tried to get a job, but who the heck wants someone paying their bills when they can't pay their own? Was shut down big time.
He has seen his son once this year and only 1 or 2 times a YEAR the past 4 years. Same with his daughters.

I have an e-bay business that gets me the extra money I need.

I have no assets besides the house. I have tried to get a few free appraisels.


Sorry

[AngelinaCat]

Have you considered going pro se? We have several members here who have done that and been successful. Also there are forms where you can request waiving the filing fees. Just a thought.

Search for posts by FreshLikeADaisy. She successfully filed pro se and is very knowledgeable.

Good luck.

[lrprn]

I could go back to court and get him to pay, but he won't. He does not care.

It doesn't matter to your state and the courts that he doesn't care. You are allowing him to not support his children by thinking you are helpless in this situation - believe me, you are not.

Child support is the legal right of every child, whatever the status of your relationship with the children's father.

However, the right to receive child support does not create a requirement to pay unless there is a court order for support. Many counties have an office of child support services that you can go to to start a case for child support or get help to get a child support court order enforced. Your still-husband will have to pay child support or have it forcibly garnished out of his paycheck.

Your precious children are depending on you to get the support they deserve from their deadbeat father.

Many states are cracking down on absentee fathers who aren't paying support voluntarily. They won't tolerate a father who is ignoring a court order to pay child support.

There are good people in your county or state government who can help you - many times for little or no money. Hang in there - all is not lost.

[justplaintired]

It doesn't matter to your state and the courts that he doesn't care. You are allowing him to not support his children by thinking you are helpless in this situation - believe me, you are not.

Child support is the legal right of every child, whatever the status of your relationship with the children's father.

However, the right to receive child support does not create a requirement to pay unless there is a court order for support. Many counties have an office of child support services that you can go to to start a case for child support or get help to get a child support court order enforced. Your still-husband will have to pay child support or have it forcibly garnished out of his paycheck.

Your precious children are depending on you to get the support they deserve from their deadbeat father.

Many states are cracking down on absentee fathers who aren't paying support voluntarily. They won't tolerate a father who is ignoring a court order to pay child support.

There are good people in your county or state government who can help you - many times for little or no money. Hang in there - all is not lost.

I totally agree, go after him.

Also it seems maybe you might qualify for a hardship case, not sure but you might. I think maybe you need some good legal advice. I hope it works out for you. You have alot on your plate and for your son's sake, I hope you get all those debts dismissed so you and him can have a fresh start. Divorce the dead beat, but you make him pay support. Make him be a man and take care of this child. This makes me so angry that he doesn't help you more. I wish you nothing but the best!