Don't know what to do....please help.

[stressed105]

Boy is my situation every confusing and I have no idea what to do. Last year my husband and I started having problems and he stopped paying my credit cards and I stay at home with the kids. We have been on and off trying to make it work for the last year. He buys the groceries, pays the bills, etc., I have no source of income other than what he occasionally gives me. Yes, I'm on the checking account, and yes we are still together, but there is never a lot in checking to even do anything with, we live payday to payday. Shortly after he stopped paying my cards (he still pays our joint accounts) my aunt passed away and I found out I'd be inheriting about $40k, and I have about $30k of debt on my own that has not been paid.

Well everything is done with her estate but waiting on closing letters from taxes. The lawyers will not release the money early, I've asked. I'm expected to "maybe" get it in April.

Well almost 2 weeks ago I was summoned through Discover for $10K of debt. I have about another week to answer the summons. We do not own our house, our vehicles will be paid off this year so I'm sure they could get them if they wanted to. We are both on the titles to the vehicles. What in the world do I do?

I had all intentions of taking that money and settling with the creditors but it's taking forever and now I'm afraid they're going to take our cars (which I need to get my kids to school), or the very little in our checking. I never thought it would take this long to receive the inheritance or I would have filed chap. 7 last year.

Any advice, please?

[SMinGA]

I believe filing an answer to the summons will get you a court date. Not filing an answer would lead to a default judgement.

You may still be able to work out something with Discover. Perhaps call and offer them 20%, possibly with a 60-90 window to pay a settlement? They'll probably counter with asking for more but still take less than the total due. Though I would NOT tell them about the inheritance as it might encourage them to see more $ rather than less. Let them know you're not working but perhaps can pull something together.

It doesn't sound like bankruptcy is what you need though. (Just basing that on $30k in debt with $40k inheritance on its way to you.)

[StartingOver08]

Don't panic. You can work through this issue. As mentioned above, have you filed an answer yet to the summons? Do that now. Check the dates on the summons to make sure you are timely. Sometimes you have to respond within 20 days, check your summons to make sure. If you don't know how to file an answer, go here to get an idea: http://debt-consolidation-credit-rep...play.php?f=177 Make sure to read the stickies on how to answer a summons. Or hire an attorney to respond for you. Don't let Discover get a default judgment and they will if you just ignore the summons. If you respond, you can buy many months before a hearing is scheduled. In the meantime you will have received your inheritence and hopefully worked out a plan for all of your debt. You can do it

[espo1357]

Boy is my situation every confusing and I have no idea what to do. Last year my husband and I started having problems and he stopped paying my credit cards and I stay at home with the kids. We have been on and off trying to make it work for the last year. He buys the groceries, pays the bills, etc., I have no source of income other than what he occasionally gives me. Yes, I'm on the checking account, and yes we are still together, but there is never a lot in checking to even do anything with, we live payday to payday. Shortly after he stopped paying my cards (he still pays our joint accounts) my aunt passed away and I found out I'd be inheriting about $40k, and I have about $30k of debt on my own that has not been paid.

Well everything is done with her estate but waiting on closing letters from taxes. The lawyers will not release the money early, I've asked. I'm expected to "maybe" get it in April.

Well almost 2 weeks ago I was summoned through Discover for $10K of debt. I have about another week to answer the summons. We do not own our house, our vehicles will be paid off this year so I'm sure they could get them if they wanted to. We are both on the titles to the vehicles. What in the world do I do?

I had all intentions of taking that money and settling with the creditors but it's taking forever and now I'm afraid they're going to take our cars (which I need to get my kids to school), or the very little in our checking. I never thought it would take this long to receive the inheritance or I would have filed chap. 7 last year.

Any advice, please?

I would see a lawyer that can handle your case.

Bottom line: answer the summons, and indicate that you will defend yourself. This will buy you time before it goes to court.

It takes several months (in my case over one year) before I stopped paying and when I was summoned. Luckily, it never went to court.

Anyway, when you answer the summons, the ccc puts your file (or the lawyer of the ccc) puts your file at the bottom of their "lets get em" list. Most people (I think well over 50%, and closer to 90%) do not answer their lawsuit, and therefore, the ccc will get a default judgement, so if you answer, you have them and you have time.

You are in a good position, really, so do not panic at all. I would secure a BK attorney and tell them the situation, and when it would be best to fiile (assuming you are going to file).

Good luck.