Why am I being warned that I must show up for hearing when sued by Discover?

[Bell30656]

[DeadManCrawling]

I agree with Bell, as above.

The point WE are at, which could have gotten us a warrant, is VERY far along in the process. There are differing interrogatories. Not all are equal. Not ALL must be answered.

The real key is this: Look at your local court docket, if you can. Discover my have sent you interrogs but not actually have yet filed.

If they claim they can get a default judgment, you are almost certainly at the beginning of the process. Not the end, which is where we were when we had to file or face a warrant.

If you are at the DJ stage, the interrogs are more of a empty threat to make you nervous.

But it is vital to understand the distinction so you are not handed a nasty surprise.

good luck, I hope you can "discover" more about what is going on.

[Violet]

Thank you for your responses. I have until December 21 to file an answer, which is free in Michigan. I am doing research for my answer now.

I'm also selling off some of my few remaining belongings on eBay to come up with the money to file if judgment seems imminent. I don't think I want to deal with judgments even though I'm collection proof. The only thing that worries me is if I manage to sell $1500 worth of stuff over the next 2 months, how does that affect the means test? I live with my parents, who are providing me with food, shelter and car insurance right now. Technically I have no bills. I previously made my living selling on eBay, though my bank account shows I haven't had any income since March. If for some reason I have to file BK in February or March, would the judge accept that the money is from raising filing funds, rather than from a business? I wouldn't want to get pushed into a Chapter 13 when I actually have no steady income.

[Bell30656]

Your earning $1500 selling some things on e-Bay is small potatoes on the scale of things. The trustee and lawyers all know that fees have to be paid to be able to file bankruptcy.

My personal thoughts are that you have a long time before judgment is imminent. Filing an answer is very easy. When you visit the courthouse you will actually be able to see the answers that others have paid lawyers big bucks to create. Simply use one of them as a template for your answer.

Myself, I would file it at the courthouse on the last day or as close as possible. Then immediately mail a copy with the filed stamp on it to the plaintiff.