This is a long story, I'll try to be brief!
Yesterday was 30 days up in the civil suit filed by Discover against me. I had a letter asking for an extension into the judge at the suggestion of another member here. I never heard anything from the judge; the court clerk said he read & initialed it, but did not respond yes or no. Gee, thanks.
So Tuesday I submitted my application to have the fee to file an Answer waived. I had to provide evidence that we are receiving SNAP/food benefits, fill out assets, etc, almost like you have to do on BK paperwork. Since my Answer was due yesterday, I mailed (certified) a copy to the attorney for Discover, then submitted my Answer to the court with proof of mailing, as told to do by the court clerk, all for the judge to review with my application for waiver.
Today the clerk called and said the judge denied my request. Great. Yeah, I don't have $137 to file an Answer, okay? She said that I could request a payment plan for the fee. Here are my questions:
1) Would you request a payment plan so your Answer could be entered, to avoid a default judgment?
2) Would you just say forget it and allow the default judgment to be entered and then
A) Pay your attorney to file the Motion to Vacate
OR
B) File the Motion to Vacate yourself?
From what I understand, exempt equity in a home cannot be attached by a lien. Any equity I have is exempt; any equity we have as a couple is exempt. I don't have wages to garnish.
So....what would you do?
Yesterday was 30 days up in the civil suit filed by Discover against me. I had a letter asking for an extension into the judge at the suggestion of another member here. I never heard anything from the judge; the court clerk said he read & initialed it, but did not respond yes or no. Gee, thanks.
So Tuesday I submitted my application to have the fee to file an Answer waived. I had to provide evidence that we are receiving SNAP/food benefits, fill out assets, etc, almost like you have to do on BK paperwork. Since my Answer was due yesterday, I mailed (certified) a copy to the attorney for Discover, then submitted my Answer to the court with proof of mailing, as told to do by the court clerk, all for the judge to review with my application for waiver.
Today the clerk called and said the judge denied my request. Great. Yeah, I don't have $137 to file an Answer, okay? She said that I could request a payment plan for the fee. Here are my questions:
1) Would you request a payment plan so your Answer could be entered, to avoid a default judgment?
2) Would you just say forget it and allow the default judgment to be entered and then
A) Pay your attorney to file the Motion to Vacate
OR
B) File the Motion to Vacate yourself?
From what I understand, exempt equity in a home cannot be attached by a lien. Any equity I have is exempt; any equity we have as a couple is exempt. I don't have wages to garnish.
18.395 Homestead exemption. (1) A homestead shall be exempt from sale on execution, from the lien of every judgment and from liability in any form for the debts of the owner to the amount in value of $40,000, except as otherwise provided by law. The exemption shall be effective without the necessity of a claim thereof by the judgment debtor. When two or more members of a household are debtors whose interests in the homestead are subject to sale on execution, the lien of a judgment or liability in any form, their combined exemptions under this section shall not exceed $50,000.
December 2011
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