I am beyond worry about this...
Several months ago, I started the long process through my state's legal aid to file bankruptcy right around the time I was served and I failed to provide an answer for the case because my intention was/is to file bankruptcy. Last week, I called and left several messages at the legal aid office because I had submitted my bankruptcy packet about a month ago and knew that my debt case now had a court date specified. I finally heard back from them (legal aid) late yesterday and they are telling me that I should know for certain if they will take the case as of tomorrow.
My question is: Since I didn't provide an answer to the case and deny the debt or request verification of it, would I be able to do so if I show up to court? Or, could I ask for a continuance because of my application in legal aid for bankruptcy and inability to consult with my attorney?
I'm not sure if there is a point for me to show up to court today since I haven't given any answer and my job is at risk if I have to take a 1/2 day off with such short notice.
Thank you...
Debt Samaritan
Posts: 16657
Credits: 297238.52851495 Send message to SOAPLADY
If you are filing bankrutpcy, I wouldnt bother going. Even if you show up they are going to get their judgment. Once you file, the judgment will be useless.
Instead of dealing with legal aid, have you looked into a paralegal bankrutpcy filing service?? They generally charge about $200 for a basic chapter 7 filing.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Well I don't know 100% if I am approved yet for bk - that's what is so nerve wracking. I should know tomorrow. I've actually never heard of paralegal bk before - that sounds like something I should look into if I'm not approved.
I was just wondering if there was anything I could do at this point to prevent a judgment being rendered today. I'm able to show up but I don't want to if it would be pointless since I never filed an answer. I had no clue how long legal aid would take and honestly thought when I sent in my 64 page packet, I had been approved!
Debt Samaritan
Posts: 16657
Credits: 297238.52851495 Send message to SOAPLADY
Unless you have cash in hand to pay off or settle the debt, they are going to get their judgement.
If your bankruptcy is not complicated, all you need is someone to do your paperwork. Or you can do it yourself if you feel confident about it.
Google your city and paralegal servcices
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Someone on another forum mentioning asking the judge for a stay, due to the pending filing. Opinions of that?
Debt Samaritan
Posts: 16657
Credits: 297238.52851495 Send message to SOAPLADY
Unless you have retained an attorney for the filing, they will not issue the stay.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
I wonder if the ample documentation I have submitted bankruptcy paperwork to legal aid will suffice, though. I have 3 letters from them that can prove I have a case with them and that I have initiated it. I have submitted all of my paperwork - the 64 pages was a nightmare to go through! I'm just waiting on the final decision, which incidentally will be made today. Talk about timing, right?
Debt Samaritan
Posts: 16657
Credits: 297238.52851495 Send message to SOAPLADY
You still dont havent retained an attorney,.
As for the inflated amount..are you taking into consideration that you are charged the court and legal fees? On average that can add $1000-1500 to your balance. Interest which was capitalized would also increase your balance. Unless you can PROVE that the amount is inflated you dont stand a chance...you would need a payment history from the original creditor plus any subsequent owners showing interest accruals/late fees.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Thank you all for your answers and time. I'm not sure if the latter half of that last reply was meant for me or not.
Some are advising me to try to get a stay irregardless and I think I will try for that. Wish me luck!
Continuance granted! The plaintiff was incredibly nice and although when we initially talked before court and she was pushing for a judgment, I held to wanting a continuance and that's what we agreed to with the judge, due to my pending filing. HUGE RELIEF! The attorney told me congratulations when I left. I am soooo glad I showed up!
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