You have two problems, one short term and the other long term. You asked about both. The short term problem is that you have small claims court in a couple of days. Call the clerk of the court. Tell the clerk that you did not receive the notice until a few days ago and that you are ill and cannot travel. Ask for the case to be put over for about 60 days. If they say "no", then don't sweat it. Here is why. Even after there is a court judgment against you, there is nothing they can do. No-one can touch your disability. Ever. Until or unless you go back to work or win the Lotto or inherit a large sum, not even a judgment creditor can take anything from you. And think about it. They don't know where you are. If they did, they would have sent the papers to your correct address. They know nothing about you. Sure, they can get a judgment and, as my mother used to say, that and a token will get you on the subway. It sounds as though you should file bankruptcy, for all the reasons you said. But you need not be in a rush. Most bankruptcy attorneys will give you a consultation for free. You already know you need to file. You need to know the cost and you can figure out how long it will take you to set that much aside. If the bankruptcy attorney doesn't want to do anything until he is paid in full, not even give you advice on how to deal with the leaches and vampires who work for the collections business, then go chat with another one. The key to remember is that there is nothing they can take from you now. You should file, but you should not panic. If you start to panic, remember there is nothing they can take from you now.
Answered on Jun 27th, 2012 at 6:41 PM