Need to file Pro Se in Virginia

[souprebel]

I have to get the NOLO book.

Is this too hard for me to do on my own? Ch 7 no assets, laid off Aug 2011.
Just received a judgment/summons on my door Oct 20th set for Nov 18th at Gen District Court for 14k on a personal loan. Health issues, caused a lot of my bills to be late and doubled / tripled to where I couldn't get caught up. I am broke and can't afford an attorney.

I would like to file this before the Nov 18th date and send them my case number. Is that possible for me to do or am I dreaming?

Any advice or tips will be so appreciated.

Anyone in VA with advice would be great too

Thank you

[IamOld]

Sir, I take my hat off to anyone filing pro se - others wiser than I will help you here!

Re GD Court - IF - IF by some chance you cannot get all the "Stuff" together to file BK by Nov 18th - what you need to do is this:

1) SHOW UP IN COURT - DO NOT!!!!!!!!!!!!!!!!!!!!!!! ADMIT THAT YOU OWE THE MONEY - tell the court that you want a "bill of particulars" from the plaintiff (this is VA specific) and that you have significant disputes with what they're claiming, and that you want a date set for trial. This is NOT!!! Small Claims Court - unless you admit that you owe the $$$, they WILL set a court date 1 to 2 months out. This is your RIGHT. HOLD YOUR GROUND!!!!! If the opposition wants to talk to you beforehand, tell them no. If they push you whilst you're in front of the judge, tell them that you may want to also retain legal counsel. Do NOT NOT NOT NOT NOT admit to owing anything.

2) once you file send via cert mail OR take in person - address to the clerk of the GD court (find their name online) all you have to do is send a nice cover letter that you are enclosing a Notice of Bankruptcy Filing (see attached automatic stay) reference your VA GD COURT CASE # PROMINENTLY on the correspondence. And that's it.

[souprebel]

Sir, I take my hat off to anyone filing pro se - others wiser than I will help you here!

Re GD Court - IF - IF by some chance you cannot get all the "Stuff" together to file BK by Nov 18th - what you need to do is this:

1) SHOW UP IN COURT - DO NOT!!!!!!!!!!!!!!!!!!!!!!! ADMIT THAT YOU OWE THE MONEY - tell the court that you want a "bill of particulars" from the plaintiff (this is VA specific) and that you have significant disputes with what they're claiming, and that you want a date set for trial. This is NOT!!! Small Claims Court - unless you admit that you owe the $$$, they WILL set a court date 1 to 2 months out. This is your RIGHT. HOLD YOUR GROUND!!!!! If the opposition wants to talk to you beforehand, tell them no. If they push you whilst you're in front of the judge, tell them that you may want to also retain legal counsel. Do NOT NOT NOT NOT NOT admit to owing anything.

2) once you file send via cert mail OR take in person - address to the clerk of the GD court (find their name online) all you have to do is send a nice cover letter that you are enclosing a Notice of Bankruptcy Filing (see attached automatic stay) reference your VA GD COURT CASE # PROMINENTLY on the correspondence. And that's it.

Thank you for the reply

Well, I am going to give it a shot "Pro Se". Wish I knew someone here or via email that could help me with the forms, I would pay for their help as I know they will be very resonable compared to hiring an attorney. But one can only dream LOL

I want to avoid GD Court. I really hope to have this filed in time. I need the NOLO book and I need time to read/learn it and then fill out the forms. Is it even possible to have this filed in time?

[LadyInTheRed]

Well, I am going to give it a shot "Pro Se". Wish I knew someone here or via email that could help me with the forms, I would pay for their help as I know they will be very resonable compared to hiring an attorney. But one can only dream LOL

When you run into problems, post questions here. There are very knowledable people on this board who are willing to help when they can.

Also, go consult with a BK attorney or two and ask them as many questions as you can think of. You don't have to tell them you are going to file pro se.

[souprebel]

When you run into problems, post questions here. There are very knowledable people on this board who are willing to help when they can.

Also, go consult with a BK attorney or two and ask them as many questions as you can think of. You don't have to tell them you are going to file pro se.

Thank you for the reply

[IamOld]

LadyintheRed is quite right! Please talk to a few atty's it is possible if you've got all your paystubs, etc. together...BUT - like I said - if you do need to go to GD court GO - if you don't it's a default judgment against you and in VA they can garnish 10 days later!!!!!

Thank you for the reply

Well, I am going to give it a shot "Pro Se". Wish I knew someone here or via email that could help me with the forms, I would pay for their help as I know they will be very resonable compared to hiring an attorney. But one can only dream LOL

I want to avoid GD Court. I really hope to have this filed in time. I need the NOLO book and I need time to read/learn it and then fill out the forms. Is it even possible to have this filed in time?

[buzzstpoint]

Talk with a few attorneys 1st!! They are free for consultations. Write down all your questions so you dont go in blind.

If then you do decide to file Pro Se, we can help you with forms. But you probably wont find anyone that will fill the forms out themselves or take money to do it. Trustees dont like this, if you file pro se. At least here in WI they don't.

I orginally was going to file with an attorney, but the longer I waited to save for an attorney's fees, I looked into the forms and filed my self.

[souprebel]

LadyintheRed is quite right! Please talk to a few atty's it is possible if you've got all your paystubs, etc. together...BUT - like I said - if you do need to go to GD court GO - if you don't it's a default judgment against you and in VA they can garnish 10 days later!!!!!

I already talked with one in person and another on the phone. I can't afford $1350-$1500 to file with them. I have everything, I just have to organize all of it on the forms. I need the book but read on CB there is a software that includes the book which helps in filling out all of the forms, just waiting to hear back on what software it is so I can buy it and get moving on this.

I will go to GD if I can't file in time.

[souprebel]

Talk with a few attorneys 1st!! They are free for consultations. Write down all your questions so you dont go in blind.

If then you do decide to file Pro Se, we can help you with forms. But you probably wont find anyone that will fill the forms out themselves or take money to do it. Trustees dont like this, if you file pro se. At least here in WI they don't.

I orginally was going to file with an attorney, but the longer I waited to save for an attorney's fees, I looked into the forms and filed my self.

Thank you for the reply. I already talked with one in person and another on the phone. I can't afford $1350-$1500 to file with them
I figured it wasn't an option, just scared I will screw it up (forms).

[buzzstpoint]

Not sure what software that would be.

I bought some software to help with my case. But only used it for the schedules.
The bad thing with the affordable (under 100 bucks) software is the exemptions may not be up to date.. I used Blankrupter and those exemptions weren't up dated.

Now if you really want to do this. 1st thing is to head over to your bankruptcy courts website.
I don't know your exact location, but there looks to be 2 courts.
Western District Virginia http://www.vawb.uscourts.gov/
Eastern District Virginia http://www.vaeb.uscourts.gov/


Edit..
If you don't know what forms.
Some district will allow you to mail a self addressed business envelope, and they will mail you a set of forms in order.

With that said, there are a few forms.
The main petition, certificates, schedules, pay stubs.

[souprebel]

Not sure what software that would be.

I bought some software to help with my case. But only used it for the schedules.
The bad thing with the affordable (under 100 bucks) software is the exemptions may not be up to date.. I used Blankrupter and those exemptions weren't up dated.

Now if you really want to do this. 1st thing is to head over to your bankruptcy courts website.
I don't know your exact location, but there looks to be 2 courts.


Edit..
If you don't know what forms.
Some district will allow you to mail a self addressed business envelope, and they will mail you a set of forms in order.

With that said, there are a few forms.
The main petition, certificates, schedules, pay stubs.

I am not sure either but her case was just discharged. I hope to hear something soon from CB site.
I am Eastern, I'm just 15 mins west of Richmond. Yes, not sure of the forms yet.
Was it hard to do? When you filed yours?

Thank you for the reply

[buzzstpoint]

Here's a layout of my case.
1 mortgage, all credit card bills, No asset case. Every thing I own fell into exemptions. So my case was cut and dry.
Hard? Difficult at times. I spent 2 weeks filling out my paper work. I did a couple of hours per night. If you can fill out tax papers, then you can do this.


Here is a link from the eastern district Pro se

http://www.vaeb.uscourts.gov/train/index_prose.htm

[souprebel]

Here's a layout of my case.
1 mortgage, all credit card bills, No asset case. Every thing I own fell into exemptions. So my case was cut and dry.
Hard? Difficult at times. I spent 2 weeks filling out my paper work. I did a couple of hours per night. If you can fill out tax papers, then you can do this.


Here is a link from the eastern district Pro se

I don't have a mortgage, I have credit cards, 14K unsecured loan, medical bills, student loans fed & private (can't include in bk I Know) and my car is paid off. I am wondering if they will make me give up the car.

Thank you for the help.

[ValleYum]

Soup? I am gonna give you some tough love for the soul here so buckle down.

If you can't figure out whether you can keep your car after filing your bankruptcy by virtue of utilizing Google or reading on this site over the last couple of days - you have absolutely no business trying to file Pro Se by the 18th of this month. Now, I asked some pure doozy dumb questions as a noobie on this site, but I always planned on using a lawyer, so my understanding the process was just a bonus rather than a requirement.

What kind of car do you have? How much is the Kelley Blue Book Private Party Value for your car? Once you determine that figure (the value of your car), you then look at what exemptions are offered by your state.

According to a fairly reputable website here is Virginia's info regarding the exemption of motor vehicles:

Motor vehicle to $6,000 ($10,000 if needed for occupation or education)

http://www.legalconsumer.com/bankruptcy/laws/#Virginia

So, as long as your car is worth less than 6k you are in great shape. If it is worth a little more, you can use the state's Wild Card (in lieu of using the full homestead exemption) to (hopefully) help cover the additional amount.

No one here can help you very well unless you ask specific questions. Saying "Gee, I wonder if I will get to keep my car" does you no good (except I felt sorry for you and told you what to do). Saying "Gee, I have a 1999 Ford Taurus with 150,000 miles that burns a quart of oil a week - do you think I can keep my car if I'm filing a Chapter 7?" is much more informative. See the difference that the details make??

So, go get a set of forms (make at least 5 copies before you start writing on them!) and a pencil and start filling them in - then when your questions occur you can make them specific and folks can help you. The Devil is in the details as my Mamaw used to tell me.

Now, remember back in school? THIS is the time to pull a couple of all-nighters. You need to read about Bankruptcy like it is your job. Nolo Press has a downloadable version of their guide to filing Chapter 7 bankruptcy - this would be worth every penny you spend on it, imho.

If you don't feel comfortable enough to file before the 18th - as a worst case scenario, you can go to your court date as was suggested and follow all of their tips and then file your bankruptcy as soon as you can. Appearing at the court should buy you the necessary time to do this properly rather than hastily.

I hope this was helpful to you. You are at the place where the rubber meets the road - are your tires ready?

I do wish you all the best. Really.

[LadyInTheRed]

If you can't figure out whether you can keep your car after filing your bankruptcy by virtue of utilizing Google or reading on this site over the last couple of days - you have absolutely no business trying to file Pro Se by the 18th of this month.

That was my thought exactly! Take the time you need to make sure you prepare the best BK petition you can.