What Happens In Court when being sued by CC?

[merime]

I will not be able to save up enough money to hire or retain a lawyer by my Jan 31, 1011 court date. All I got was a letter saying the court day by the court house. Do I just show up? Can I find out if there is a time? What do I bring? What happens? Thank you for any answers!!

[Freddy03]

Did you answer the summons? If not you need to do that ASAP. There is usually a 20-30 day limit on when you can submit your answers. Research "How to answer a credit card summons" online. Submit your answers and include a list of request for documents. I suggest you request everything and anything you could according to your court limitations. Then go to the court date. If they have not supplied your request for 01/31/11 then ask the judge for more time. Hopefully you can retain a lawyer soon.

Good Luck

[AngelinaCatHub]

I will not be able to save up enough money to hire or retain a lawyer by my Jan 31, 1011 court date. All I got was a letter saying the court day by the court house. Do I just show up? Can I find out if there is a time? What do I bring? What happens? Thank you for any answers!!

The date and time should be on your summons. Are you sure you have a summons or some sort of junk demand letter?

You MUST show up. Here is what goes on: either in a single room (Judge chamber) or a court room with several cases, your case will be called, you go up to the table usually the left one (I don't know why) and will be sworn in. The charge will be read, you will be asked if that is true. At that time, you request that the whole accounting be copied for you and that you have further time to review as you are bankrupt and will be attempting pro se. Do this in your own words and you need not be a legal beagle to do this. It will buy you at least a month.

If you do not show, you will have lost and a Judgment filed against you. These can be a drag and expensive. If you buy time, you may get enough time to file your bk in 2011.

It is a procedure that is not going to hurt you and you have nothing to lose if you try to buy time, but if you do nothing of course you will lose. The Judge is not going to yell at you or lecture you. It will not be a "Judge Judy" type of thing. 'Hub

[Pandora]

http://www.bkforum.com/showthread.php?59690-Complaint-Was-answering-to-the-Clerk-enough

http://www.bkforum.com/showthread.php?58974-What-happens-after-you-answer-a-complaint

how about re-reading all the posts you've done merime and the replies? You've asked the same question several times since you joined and always get the same answer. Be proactive in your own stead - its only going to help you in the long run.

[treehugger1]

I agree. At this point why don't you simply show up and see what happens. You have had plenty of answers. Why not try Freddy's approach above? One thing to keep in mind is that there are no absolute answers when it comes to individual local courts.

ACH claims "you MUST answer." This is not always true. In fact, as stated many times in this forum, answering could cost you several hundreds of dollars; more money than most bankrupt debtors have. In some states the first appearance is nothing more than a hearing for the judge to inform the plaintiff and the defendant how the court process is going to go down. The real issues begin if you engage in discovery.

It could be that in your state, the entire issue will be resolved or a resolution will be sought on the day you go to court. I have no idea. You need to research your own court and ask questions at your courthouse. Unless someone else on this forum has been sued in your court jurisdiction, they can only offer opinions. And, it is opinion that makes the legal system so damned interesting.

Do some work merime. You have a few months. Go to the courthouse and see if a clerk will answer our questions. Search your court records for suits filed by the same creditor who filed against you and see how those suits went down. THIS was the best advice I ever received.

[ryan]

merime: good suggestions from everyone. My additional advice would be: GO TO COURT Before You 'GO TO COURT'.

...another words, yes, go to the court clerks office, find out the answer and appearance costs etc, but then go and sit in the gallery of the exact court room (at the same hearing time) you will appear in and HEAR OTHER CASES...they will all be remarkably similar. CC cases are pretty much steam rolled along, and you only have a couple opportunities to slow things down.

By seeing the judge, and watching and listening to what goes on LIVE, you will see most of your fears disappear. You'll also know what you are up against. I'm writing this as i just returned from court earlier today. Every time I appear, I also get there early to hear other cases and i always learn something (as I did today) :-)

[AngelinaCatHub]

I Don't believe it.

Friends: Due to other poster's comments, I have gone back into this OP's archives. Five pages of the same stuff. Different subjects, same complaints.

Either, this persons is a Troll, having a bit of good times, or, is really wishing more sympathy than help, or, needs to get a professional, (in several ways) and stop wasting our time.

It is an over, and over question. Just different subjects, without relief or action.

I for one, am "outa here". 'Hub

[treehugger1]

I'll race you to the door.

[merime]

Yes I filed an answer to the complaint. I was going to go ahead and hire an attorney to do bankrupcy, but I only make $710 a month. I have no car so just driving to court is not something I can easlily do. I have listened to everyones advice so far. Yes, I called for legal aid in NC. Left my number several times and finally got a reply stating that it would cost $50.00 to see if I qualify. I got out of the house with my children. I have applied for housing and help with food. At this time, I just can not afford the attorney. I am living day to day literally. I just wanted to know what will happen when I go to court. I have faced the reality that I will be doing it alone, and need to know what to expect. The court date is Jan31,2010. There is no time or room, I have no idea where to go. Yes, I would go uptown to the court house beforehand , but I can not take time off of work , especially now. I have no family. I am an only child. I am real. I know I have asked the same question in a different way. I apologize. I only wanted some stories of what to expect when I go. I know I must go that day, but I have never been in a courtroom before. I do not even know where it is. Thank you for all the replies, they keep me going.

[Pandora]

Friends: Due to other poster's comments, I have gone back into this OP's archives. Five pages of the same stuff. Different subjects, same complaints.

Either, this persons is a Troll, having a bit of good times, or, is really wishing more sympathy than help, or, needs to get a professional, (in several ways) and stop wasting our time.

It is an over, and over question. Just different subjects, without relief or action.

I for one, am "outa here". 'Hub

Yep - saw that one coming which is why I posted what I did. Damn it boys...quit pushin' the doorway is only so big!

[Freddy03]

I feel bad - not for OP but because I sometimes post multiple same topic questions. It's just because I over stress and need someone to tell me it's going to be ok or not...LOL But at least I admit it.

Sorry OP but it looks like you have more than enough answers. Good Luck to you.

[Pandora]

I feel bad - not for OP but because I sometimes post multiple same topic questions. It's just because I over stress and need someone to tell me it's going to be ok or not...LOL But at least I admit it.

Sorry OP but it looks like you have more than enough answers. Good Luck to you.

Freddy - what you are worried about and ask is different than what the OP is doing/has done. I too went back just as 'Hub did in order to try to see what the issue and purpose was as to why the OP kept asking the same questions over and over again. It was eye opening to say the least .... and isnt the first time someone has questioned the OP's postings. At this rate I'm opting not to respond any further to any of the OP's posts (after this post to you ) because I question not only the integrity but validity of the OP.

Not being mean - just questionable. I wish the OP all the best in their situation, whatever it may be.

[backtoschool]

I was sympathetic to the OP's questions a year ago. But the same questions are still being asked. That is different than posting the same question a couple of times as you are filling out your forms, etc and trying to meet a deadline.

[ccsjoe]

I have read and chimed in a few of OP's posts. I disagree with some assertions that OP might not be real, but do believe OP needs professional help in more than 1 level, and certainly more than what we can provide here. We have all displayed sympathy and sound self-help advice numerous times. I think we are all just getting a bit fed up with OP not seemingly helping herself, thus asking the same question/advice or requesting the same/similar feedback repetitively.

I am open to continue helping OP provided I see she has started helping herself and the nature of her questions reflect such.

[free2breathe]

I got out of the house with my children. I have applied for housing and help with food.

It seems that the OP has finally listened to some of the advice given. merime, I know it is a scary thing to take control of your life, and if that's what you are doing, you go girl! Your biggest hurdle is getting over the "I can't" syndrome and moving on to the "I can and I will do what I need to do for the sake of myself and my children, whatever it takes." Good luck to you.