I am being sued in TN next week and on the summons it states that there is a $10k exemption allowed as long as it is filed anytime before the judgement. Both of the cars we have are in my name, which I dont believe they would want mine, a $1500 Honda, but I plan on putting the wifes and mine both on the list. The wifes car is a 2005 pacifica and is owed about $6500 which is about the same as what it is worth. I cant afford to file BK and not sure if I will, I have nothing in the bank, no assets other than cars and a few personal property objects, and because of health am not working except for part time work just recently. I am wondering if I should put the amount the pacifica is worth when it is paid off in about 18 months ($5000 maybe), and if there is any other reference to how to compile a list I would appreciate this as well. I also am wondering about the Technical defense. This is my second date for court, my debt is about $10k and $9k for this one cc with chase, but it was originaly from providian, then WaMu, and eventually chase, which has been bought atleast 3 times thru collections. I am pretty sure I am to late to send a validate debt letter but can I do anything in court this week to post pone? I have been planning on filing the exemption paper and letting the chips fall. Also if we file taxes jointly can they come after a tax refund. Thanks in advance.
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Lawsuits for money due are almost always state court (not federal) so you have to look at the laws in your state. NY is not the same as NV which is not the same as TN. You can always ask a judge to postpone for a reasonable period of time like 30 or 60 days. Most will do it.Filed Chapter 7 non-consumer as a pro se. *Discharged* October 2011.
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