Sued by Midland, but about to declare BR. so, so, anxious.
Date: Sat, 02/04/2012 - 14:30
I recently received a summons from Midland Funding, and am about to declare Bankruptcy. I have a week left to respond. The last time I made a payment on the account was about 2 years ago (I am in California).
I know I need to respond, but I'm not sure how.
1.)If I deny that I owe them a debt, and I lose in court because they have the paperwork to prove it, will I have to pay their court fees?
Also, I'm not sure how this is going to time out with me filing for Bankruptcy. I have absolutely no way to pay for an attorney, so I am filing myself.
2.) How would I include midlands court fees in my bankruptcy if I already filed it? wouldn't it be too late to include them?
I know that if I don't respond, they will get a default judgement against me.
3.)Would a wage garnishment happen immediately, or is their some kind of hearing to determine how much will be garnished? (I'm a student with 2 part time min wage jobs and barely make $1,000 a month).
I'm a beyond broke college student and can not afford an attorney for the Midland lawsuit or for the Bankruptcy.
Thank you for any advice you can give, it is greatly appreciated.
If you file bankruptcy, then automatic stay will be imposed upon
If you file bankruptcy, then automatic stay will be imposed upon the court cases. If you don't file bankruptcy and lose the case, then you'll have to pay the court fees. If they win judgment against you, then they might garnish your wages
For starters, ignore the above poster. Once you file bankruptc
For starters, ignore the above poster.
Once you file bankruptcy, yes the proceedings are stayed. Once the bankruptcy discharged, the entire debt including the legal fees are discharged.
Even if they get a judgment prior to you filing, it takes awhile for a garnishment to start. So quit worrying, and get the bankruptcy filed. If you cannot afford an attorney, look at hiring a paralegal to go over and help you with your paperwork. Or find a law student....some law schools have legal clinics.
