Was just served summons....:(

[Beeheery]

Hello everyone,
Well the time has come and I have been officially sued. Server came to my house about 1 min ago. I really thought I was going to be able to wait it out a year or so (I have no assets/no job). However, I was just served and my court date is next month. I have a few questions. If I don't go to court and they win an automatic judgement, is that a big deal (since I can just discharge the judgement through BK) or should I file an emergency petition and file so that I do not have to show up to court next month? Also, I have SEVERAL thousands of $$$ in medical bills that have yet to be processed. How does this work if I file before I receive them? It should be in the vicinity of $5-10K. I don't want to file and then not be able to add these debts to my BK. Any help would be appreciated. I am sick to my stomach and nervous and freaked out so bad! The debt they are suing me for is for under 10K. Thank you for any help! Oh, and I am not being used by the original creditor-just a junk debt buyer. Don't know if this makes any difference.

[JackBondLove]

The big question for me is why are you waiting so long to file? In any case, if you no assets - real estate or bank account (of any real value) - and no job, your creditors can't get anything from you before you would file BK.

You should at least show up in court and claim that you would like the creditor to prove the debt.

[Beeheery]

I would like to hold out because I have unbelievable medical issues. I usually am in the ER 1 a month. Those bills add up quick-even though I have medical insurance. So, if I do not have a job (aside from selling odds/ends on ebay) can they do anything with a judgement? Thanks for responding.

[JackBondLove]

OK, so you are expecting to have more medical costs that you would like to get properly discharged. Good reason, and a terrible commentary on the American health care system!

It sounds like you may have to delay BK until 2014 when you will be able to get ObamaCare health coverage Like I had said, if you have nothing for them to get, you have no problem. If you would need to work, you could always move far away and just don't answer the mail. And if you would somehow get garnisheed, you could just quit and get another job somewhere else.

[Beeheery]

Hi Jack, yes, medical reasons are the only reason I want to hold out-even with my student insurance, they cover next to nothing. I just got a 4800.00 bill yesterday in the mail and thats just the beginning of the bills still waiting to come. I'd probably go to court and argue with them but physically/mentally, I'm drained enough as it is with my health issues and I don't think it would make a damn bit of difference. Thanks so much for taking the time to respond. I didn't know if I could go to jail or anything for ignoring the summons-that was my biggest fear.

[Beeheery]

Oh, I did want to find out, can they freeze my bank account and take what money I have in there if they win their judgement against me? My only funds/source of income is through selling odds and ends online. Its not much, but I don't know if they will still have authority to take whatever is in there.

[JackBondLove]

Hi Jack, yes, medical reasons are the only reason I want to hold out-even with my student insurance, they cover next to nothing. I just got a 4800.00 bill yesterday in the mail and thats just the beginning of the bills still waiting to come. I'd probably go to court and argue with them but physically/mentally, I'm drained enough as it is with my health issues and I don't think it would make a damn bit of difference. Thanks so much for taking the time to respond. I didn't know if I could go to jail or anything for ignoring the summons-that was my biggest fear.

I had cancer and understand how the bills can add up. (Fortunately, I had COBRA at the time, which paid 100%.) Just keep telling them that you are a student and have no income, and plan to have no income until after you are well, and that you probably will declare BK once everything is done. (I think you can still consider yourself insolvent and considering BK and consume medical services with no intention of paying that back without de facto committing BK fraud - perhaps others can chime in on this.)

[AngelinaCatHub]

Greetings "BH".

I too have been through what "JBL" had. I was attempting to get private insurance and did not know they required full 18 months of VERY expensive COBRA. Well, here is my good fortune if you can call it that. The last day, the last minute at 10:30am on a Saturday, I accepted COBRA online and got my confirmation number. At 2:30 that afternoon, (as I did for years) attempted a Skill saw 'drop cut' into a counter top. The saw bound and within a split second recoiled into my abdomen six inches from belly button to hip (one inch above femoral artery) and two and one half inches deep.

My first word was "F***" and my next sentence was, "well this screwed up my day", the next thought was "this could be MY day". God was good. I had NO fear, NO pain, and told Mrs. to call 911. I felt shock and told her I was going to lie on the ground head down and don't worry.

I'm a private pilot and finally got my first helicopter ride. Once in trauma I told one of the three doctors I wanted a general not a local to sew me up. They said "don't worry about that, your going into O.R. right now".

Well, I survived. the cut was on an angle and did not cut the peritoneum. They scoped me and all, and took a lot of top meat away. Now I have a wonderful V shaped scare.

OK, now about the law suits. Answer every one. Judgments can be a real pain in your butt. You will have to pay extra and extra work to get a Judgment released in bk.

They cannot take any retirement income, insurance income or proceeds, and up to $500 a week cannot be levied from a 'head of household'. If you are single you are head of household. I would suggest going and put up the best interference you are able to do. You may also state your condition and this may cause your creditor to let it go. Long chance but try.

I pray your health gets better. I had my big "C" in 2004. Being male, guess. Oh well I don't use it much anyway. LOL. 'Hub

[Beeheery]

OMG Hub! That is crazy! Good lord....and I thought I had it rough..... Thanks for getting back to me. If getting rid of a judgment is that big of a deal, I think I'll just file now. I am so freaking stressed and have no money as it is, so if I have to pay $ to get rid of a judgment, I'll be even more screwed. I don't have enough $ for a lawyer so I am going to file pro se and just have a bankruptcy petitioner double check my paperwork. I think they say that is the best thing to do if you go in attorney-less. Thanks for your response-still really wicked nervous, but I guess that's nothing new around here.

[JackBondLove]

Greetings "BH".

I too have been through what "JBL" had. I was attempting to get private insurance and did not know they required full 18 months of VERY expensive COBRA. Well, here is my good fortune if you can call it that. The last day, the last minute at 10:30am on a Saturday, I accepted COBRA online and got my confirmation number. At 2:30 that afternoon, (as I did for years) attempted a Skill saw 'drop cut' into a counter top. The saw bound and within a split second recoiled into my abdomen six inches from belly button to hip (one inch above femoral artery) and two and one half inches deep.

My first word was "F***" and my next sentence was, "well this screwed up my day", the next thought was "this could be MY day". God was good. I had NO fear, NO pain, and told Mrs. to call 911. I felt shock and told her I was going to lie on the ground head down and don't worry.

I'm a private pilot and finally got my first helicopter ride. Once in trauma I told one of the three doctors I wanted a general not a local to sew me up. They said "don't worry about that, your going into O.R. right now".

Well, I survived. the cut was on an angle and did not cut the peritoneum. They scoped me and all, and took a lot of top meat away. Now I have a wonderful V shaped scare.

OK, now about the law suits. Answer every one. Judgments can be a real pain in your butt. You will have to pay extra and extra work to get a Judgment released in bk.

They cannot take any retirement income, insurance income or proceeds, and up to $500 a week cannot be levied from a 'head of household'. If you are single you are head of household. I would suggest going and put up the best interference you are able to do. You may also state your condition and this may cause your creditor to let it go. Long chance but try.

I pray your health gets better. I had my big "C" in 2004. Being male, guess. Oh well I don't use it much anyway. LOL. 'Hub

That sounds like the way Johnny Cash's brother died.

[LizardTail]

I'm a little curious about your health issue that puts you in the ER monthly or so. Hasn't a doctor figured out what your emergency is and is treating you for that?

[music12]

take a deep breath and don't make any rash decisions! you got the summons only a couple of days ago, so give yourself a little time to process it.

the medical bills sound really high, so if you can delay filing so as to include them, that would be good. the judgment can be delayed by at least a couple of months by responding; if you read the summons carefully, i think it will say there that you can file an answer by that court date. that means a written response (not showing up in court). you could just ask them to validate the debt (there are lots of posts about that here). this will buy you some time.

if they do get a judgment, then yes they can freeze any accounts in your name. there is usually an exemption, something like $500. if you don't have more than that, and your medical bills are coming, it may be worth it to wait for them even if it means a bit more work for removing the judgments within your bk.

have some consultations with attorneys before you decide. and don't forget to breathe, it's healthy...