New and Nervous!!

[bkbound09]

Hello All, I am new to the forum and I have some quick questions.

First I received a summons from Mann Bracken with a court date for Discover card for 6/10/09, my question is do I show up on the date, call Mann Bracken or nothing, Im not sure what to do, they havent called me and I havent called them. Can they really garnish my wages, will I have to prove what I can afford, Had anyone been in this situation. I am in the process of researching BK attorneys in Virginia. As anyone I cannot afford a garnishment, does the judge take that into consideration or does he really care??

Also, it seems like all the debt I would include in my Chapter 7 had been charged off, will the attorney get the info for the filing or is that something I need to do... Im so confused and nervous.

[DeadManCrawling]

You should get an attorney asap. They can go to court and stall things at the least.

If you do not have one by the date of the hearing, you should show up and deny the matter. Look on this site and online to know how to dispute the account in court. This will buy you time and force the attorney for Discover to file more documents and set another date.

[eddiep]

I am in the same situation bkbound. I have to delay my filing but have recieved a summons. My attorney recommended that I go to the courthouse, listed on the summons, prior to the hearing date and request an appearance from the court clerk. there is a form you have to fill out, and dispute the amount of the bill. My attorney said this would buy me two to three months time. Make some appointments with bk attorneys to interview them. If you are unable to file bk before they get a judgement and they are successful in getting your wages garnished that will stop the day you do file. Have you done the means test yet? that is a good place to start.

[arami008]

Same thing happened to me. Same attorneys for Discover.

I did nothing but I also was unemployed and going to college at the time. So i was judgement free. I now have a judgement against me, but I filed for bk and after the discharge I will get that vacated.