reason to fight a judgement till the end

[daglo]

I got my first judgement against me. I am sick to my stomach. I asked Chase to please work with me after our income loss (my husband took a cut in pay and I lost my job) They refused. They hired a law firm (low-life debt collector) and I tried to give them what I could afford each month, but they refused, wanting more. They were verbally abusive to me, questioning me on how I got in this situation. So, now they want me to appear in court. I have 28 days from today. We want to keep our home, and cannot afford the payment that an attorney told us we would have to pay in a 13. She said we make too much for a 7. Our house payment isn't half of our take-home, so I guess that is good. Anyone have any suggestions? Must we file or can we try to work out something with Chase's lawyers in court?

[treehugger1]

You might get a response if you post your issue as a new thread.

[flyinbroke]

If you can't file a BK, you can look at arbitration. Creditors can't automatically ask for it anymore, and it used to be a bad deal because the main one used was in bed with the banks so the consumer always lost. Today, it turns off lawsuits and more than a few had been dismissed as many banks have very sloppy recordkeeping. You can still lose, but I have heard it takes longer to get through the system (and a BK of course cancels things out.)

[junker]

what state are you in? does your equity in home exceed your exemption for your state?..is it homesteaded? does you or spouse qualify for head of household exemption for garnishment in your state? have they filed a abstract lien yet? are you going in for a debtors exam? for someone to give you suggestions you need to give more details..as you know all states have different exemptions...also as suggested they will probably want you to start your own thread.....FIRST THING though is be careful with your bank accounts ....thats the FIRST thing they will try and get...also do you have equity in your cars? boats? etc? thats what they will look for if you are going in for debtor exam......btw... many,years ago..i told a judge what I could afford to pay without causing hardship on family....and he ok.d it..it was no where near what the creditor wanted...but was accepted by judge...do you actually HAVE the judgment yet? or are you supposed to go to court FOR the judgment hearing??

[catleg]

daglo, you do not have a judgment yet, just a lawsuit. you can file an answer but that might just slow them down a bit, the next step depending on your state's rules of civil procedure is to defend against a summary judgment motion.
i would suggest posting more details in a new thread.

[daglo]

[QUOTE=catleg;412152]daglo, you do not have a judgment yet, just a lawsuit. you can file an answer but that might just slow them down a bit, the next step depending on your state's rules of civil procedure is to defend against a summary judgment motion.
i would suggest posting more details in a new thread.[/QUOT

I did that, under "I need guidance" Any help would be appreciated. I am in OH. What is "defend against a summary judgment motion"?

THANK YOU ALL SO MUCH!

[catleg]

Did the thread end up somewhere else besides Collections? I don't see it.

Summary Judgment is a motion that says to the judge, this case has no facts in dispute, as a matter of law the plaintiff is entitled to win without a trial. And here are the affadavits to prove it.

If the lawyers aren't total idiots that gets filed by them shortly after they see you've answered.

Often (especially with OC's , not so much with JDB's) the whole exercise for the defendant is an exercise in futility.

[WhatMoney]

Did the thread end up somewhere else besides Collections? I don't see it.

He started his new thread in Ch. 13 BK forum,