Summons for a judgment: my situation. Help?

[curlysue]

I originally posted about this in the Chapter 7 subforum, but this seems like the more appropriate place, so here goes.

A crediting firm is attempting to seek a judgment on me for a credit card I had back in 2004 and my court date is scheduled for next week (I received the summons on Saturday.) The total for the whole shebang is about $6500 at this point (including interest and lawyer's fees.) I have not had a job for several years, I have no assets, no income, nor do I have a bank account.

I spoke to the firm last week and told them all of the above, and they sent me a form asking for proof of income (I have none,) my expenses (none,) and bank account statements (which I obviously don't have.) They also sent me a Consent to Judgment form. Both of these I've just received within the last three days. I have not filled them out or sent them back.

At this point I'm looking for advice on what to do (if I should go to court, for example, or respond in any way) and how to maneuver around the judgment in the future. Right now I'm working with the Unemployment agency in my area to go back to school for nursing and I've already applied and qualified for a Pell Grant which will pay my tuition, fees and books. My concern is how to cash that check when it comes and if I should forgo getting another bank account altogether, because I can really not afford to have them seize the account when my Financial Aid for school is in it. I'm hoping that I may be able to get a part-time job (I don't really care if they garnish my wages, I'm not afraid of that) and pay off the debt entirely by the time I'm out of nursing school. I'm also wondering if a company will refuse to hire me because of an expectation of wage garnishments, and if I should say something about it upfront or let the creditors do it? Also, assuming I get a job, do I have an obligation of letting the creditors know I've gotten a job, or do I let them spend the time and effort to find out?

Any general tips would also be much appreciated. Thank you for reading.

[AngelinaCatHub]

First, have you filed? Are you currently in bk? If not answer the hearing. DO NOT ANSWER ANY FORM FOR A JUDGMENT. 2004. What state are you in? You may be clear of their lien power but do not respond directly to THEM in ANY WAY. Go to the hearing and tell the Judge what you said here on this forum. They cannot take your PELL grant money. Also make sure it truly is the CC company and not a debt collector. Sounds fishy to me. ‘Hub

[AngelinaCatHub]

BTW a summons on Saturday and Court day next week? You usually get 20 or 30 days to respond. Now it really sounds fishy. Please tell me what state and what card in a PM if you can or here. I will be on the road for two days after tonight, but I will research the SOL. 'Hub

[AngelinaCatHub]

Please go here and see what your state SOL is. http://www.statuteoflimitations.net/...ollection.html

Like I said, it is fishy. Did a bailiff (sheriff) or a civilian serve your summons? 'Hub

[curlysue]

I'm in Missouri. It was a civilian that served the summons, he had a polo with an embroidered logo of some investigation company. It's a debt collection firm, not the original credit card company... sorry for the confusion. And yes, I was served on this past Saturday and the court date is for next week, the 16th.

[AngelinaCatHub]

I'm in Missouri. It was a civilian that served the summons, he had a polo with an embroidered logo of some investigation company. It's a debt collection firm, not the original credit card company... sorry for the confusion. And yes, I was served on this past Saturday and the court date is for next week, the 16th.

Curlysue, I would call the Courthouse. They give you 20 to 30 days for a hearing [response to summons]. This could be a scare tactic. I IMPLORE YOU, not to sign any of their documents. PLEASE, you just may reaffirm the Statute of Limitation just by responding to them. On the phone they will tell you they are recording. Do not talk to them and if you do never say yes, ok, ah huh, or anything affirmative. These guys are goons. Trust me, I know about this. ‘Hub

Unfortunately your S.O.L. in your state is six years. http://www.statuteoflimitations.net/...imitations.htm

[AngelinaCatHub]

OH! BTW! a debt collection firm is not a "Process Server". A bailiff or sheriff is or civilian firm licensed with proper ID is.

[curlysue]

http://www.statuteoflimitations.net/...imitations.htm

I'm in Missouri, not Michigan, which has a SOL of 5 years I believe. And I have already called them unfortunately, and told them about my situation, so I probably reaffirmed the statute then, because I talked about not wanting to run away from paying the debt and such. I have a copy of the summons right here with me and it says: "Service must not be made less than ten days nor more than thirty days from the date the Defendant/Respondent is to appear in court." so it seems they waited until the very last second to reach me.

So now I should just go in to court on my day and tell the judge what I've said here?

[AngelinaCatHub]

I'm in Missouri, not Michigan, which has a SOL of 5 years I believe. And I have already called them unfortunately, and told them about my situation, so I probably reaffirmed the statute then, because I talked about not wanting to run away from paying the debt and such. I have a copy of the summons right here with me and it says: "Service must not be made less than ten days nor more than thirty days from the date the Defendant/Respondent is to appear in court." so it seems they waited until the very last second to reach me.

So now I should just go in to court on my day and tell the judge what I've said here?

Yes and as others have told you, make it as hard for them as you can but do not lie. Have them prove all things and also there will be interest and contest it. Remember you still may change your mind and bk. They will be done like kfc if you do. It is a business decision and you should not be shamed by it. You are here for the same reason thousands of others have been. You are in a jam. We too are on your side and will help with our experiences and opinions. 'Hub

[Bell30656]

I certainly wouldn't be signing any Consent to Judgment forms. Nor would I be agreeing to pay anything. While you may not have anything now, some time in the next ten years you may get a job and have something worth taking. Fight, fight, fight!!! Drag it out, make the creditor work for that judgment. You would be surprised how many creditors or JDBs don't have and can't get the paperwork to successfully get a judgment other than a DEFAULT or SUMMARY.

A JDB filed suit against me November of 2007 on one debt and (same JDB) filed another February 2008. Neither of these cases have made it before a jury yet. The JDB has moved for summary judgment twice on one case and three times on the other. Result? DENIED, DENIED and DENIED, DENIED, DENIED.

I've matched every round of interrogatories from them with a set of my own. You don't have a job right now. Have some entertainment value asking them to prove every little detail. Just think of the legal fees this idiot has paid and he will collect nothing. (I filed Chapter 7 earlier this week.) If I hadn't filed Chapter 7, I'd have moved to a state that wouldn't have allowed for the collection of the judgment.

[AngelinaCatHub]

[curlysue]

Thanks for your input, everyone.

So I guess I have nothing to lose by showing up and talking about my situation, right? Is there any way the judge would pass the judgment knowing I have no money, no job and no bank account? A lot of people have said that bankruptcy is kind of foolish for me because my overall debt is so low (about $11,500 altogether.) Besides that, I don't even have the money for filing fees even if I were to do it pro se.

When I go to court do I need to provide an answer that I've written myself? I barely know anything about that and it seems very, very complicated. With only one week to prepare I don't know if I could do enough research to get it done and done right. A lawyer is out of the question as I have no money. What do I need to bring, if anything, in general? I didn't even file taxes last year because I didn't make anything. How should I contest the interest? What do I say? Right now it's 9% per annum.

[sassiebaz]

Curlysue....My debt was about the same when I filed 5 years ago. Point is, I couldn't pay it back, and didn't want it haunting me! I say file......

[curlysue]

Sassiebaz if you don't mind my asking, how much exactly was your debt? I just crunched the exact numbers and the total comes to $10459.05 (my powers of estimation are a bit lacking, it seems.)

[AngelinaCatHub]

Sassiebaz if you don't mind my asking, how much exactly was your debt? I just crunched the exact numbers and the total comes to $10459.05 (my powers of estimation are a bit lacking, it seems.)

Curlysue, you seem to be pretty young. That is a hefty debt, can you split it out a bit? One card or many? Car, etc.? Now about the Nolo book. Christmas is coming, could not the folks gift it to you or do you not want them to know? Then ask for a prepaid CC card for $20 and get the book. It is well worth the money and will help and of course we will. 'Hub