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Didn't give answer but have court date today!

Date: Tue, 06/19/2012 - 07:00

Submitted by anonymous
on Tue, 06/19/2012 - 07:00

Posts: 202330 Credits: [Donate]

Total Replies: 9


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...


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.


lrhall41

Submitted by SOAPLADY on Tue, 06/19/2012 - 07:03

( Posts: 17315 | Credits: )


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!


lrhall41

Submitted by anonymous on Tue, 06/19/2012 - 07:09

( Posts: 202330 | Credits: )


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?


lrhall41

Submitted by anonymous on Tue, 06/19/2012 - 09:08

( Posts: 202330 | Credits: )


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.


lrhall41

Submitted by SOAPLADY on Tue, 06/19/2012 - 09:38

( Posts: 17315 | Credits: )


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!


lrhall41

Submitted by anonymous on Tue, 06/19/2012 - 11:56

( Posts: 202330 | Credits: )