QUESTION

What will happen if a creditor takes me to court?

Asked on Sep 16th, 2011 on Bankruptcy - Georgia
More details to this question:
I have a problem with my finances. I don't have enough money to pay for credit cards bills. The credit card company invited me to court. Do you know what will happen in court? I'm a low income mom and don't have enough money. Now I have to go to court. Can you please tell me what can I do?
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9 ANSWERS

File bankruptcy. Stop paying on debts that will be discharged in a bankruptcy and pay for an attorney. To buy time, file an answer with the court denying something.
Answered on Oct 05th, 2011 at 10:25 PM

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Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
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You may decline the invitation. Federal bankruptcy protection could readily spare you the sleepless nights.
Answered on Sep 26th, 2011 at 7:15 AM

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Debtor's Rights Attorney serving Atlanta, GA at Theodore N. Stapleton, P.C.
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You need to answer the court papers or if you don't the creditors will get judgments against you which can lead to levy and garnishment.
Answered on Sep 20th, 2011 at 2:45 PM

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If you are being sued for a debt and owe it a creditor will obtain a judgment against you. They can use all the means authorized by state law to collect, including wage garnishment and levying against bank accounts or other property. You may have exemptions that prevent the collection but owe a judgment for up to 20 years. You may want to negotiate a payment plan. If you debt is substantial you may want to consider filing bankruptcy.
Answered on Sep 20th, 2011 at 1:23 PM

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Immigration Attorney serving Salinas, CA at Law Office of Magnolia Zarraga
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You probably have a few more options than you think. 1. You most likely were served with a civil summons-this means a creditor is suing you. You can choose to respond but you probably only have 30 days to file a written answer with the court. Check the paperwork to confirm the deadline for filing a response. Then call or visit the courthouse's self help center they can assist you in filing the answer and filling out a claim of exemption to protect your assets. If you respond by generally denying everything, this means you are putting the creditor to their burden to prove the facts of their case. This also buys you a bit of time so you can figure out what to do. 2. You should go consult with a bankruptcy attorney. We all offer free consultations. If you owe other debt, a bankruptcy might help you to eliminate all the debt and you won't even have to file a response, the bankruptcy will stop the lawsuit. 3. You can choose to do nothing. Some people are what we call judgment proof. This means even if the creditor were to get a judgment against you, they can't collect. This would only apply if you had a low amount of assets, no job and no money. You said you are low income this probably means you have a job so if you do have a job & the creditor wins at trial or by default the creditor can garnish up to 25% of your pay check each pay period until the debt is paid in full. If you own property they could record a lien against it or if you have bank accounts they could get levied.
Answered on Sep 20th, 2011 at 1:03 PM

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Daniel James Wilson
"Invited" I like that. Did they invite you with a Summons and Complaint? If the creditor served you with a Summons and Complaint you have a limited time to reply with an Answer. That means filing a document with the court showing why you do not owe the debt. There is a filing fee for filing an answer, typically $80-100. Since you probably do owe the debt there is not much point in filing an Answer, Creditor will get a judgment, either by default or after a trial. Then creditor will turn that into a garnishment order and your paycheck will be garnished 25% of your net. If your only income is from Social Security or pension you are "judgment-proof" because those cannot be garnished. Alternative is to file a BK under Ch 7.
Answered on Sep 20th, 2011 at 9:37 AM

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If you deny the debt, or anything about it, you should file a timely "Answer" with the court. If a judgment is rendered against you, it will enable the creditor to pursue non-exempt property you own, bank accounts and partial wages to satisfy the judgment.
Answered on Sep 20th, 2011 at 8:14 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Taking you to court usually means that they file a complaint and try to obtain a judgment resulting in a determination that you either owe or don't owe the debt. Not being able to pay a debt is not a defense to owing it. If the court finds that you owe the debt, you may be garnished, etc. if you fail to pay it. File a bankruptcy if you cannot pay.
Answered on Sep 20th, 2011 at 7:58 AM

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Glen Edward Ashman
You have a legal emergency. You need a lawyer. You were not invited. You were ordered. Unless you act within 30 days you face years of bad consequences. See a lawyer. There may be ways (such as bankruptcy) to get rid of the debts.
Answered on Sep 20th, 2011 at 7:48 AM

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