going to court, Help!!

[heath123]

My husband and I are in the process of filing. It has been a long dragged out process due to a former business partner who keeps delaying getting us the documents we need to show sale of the business to him (long story). Anyway, we retained our attorney almost a year ago and since then have been trying to get all the necessary information to him. Obviously the creditors are getting impatient and one has sued me. I am unemployed but am registered with a temporary worker agency, and for one month I was working (in April 2010). Apparently the creditor got wind of this and was attempting to garnish our checking account (my wages were being direct-deposited). I have been ordered to appear in court a week from this coming Monday in order to "answer for" non-exempt wages or assets that the creditor could be garnishing. There is no way that our case will be completely filed by then due to delays with our jerk of a business partner and some other complications. My attorney seems to think this is no big deal, that all I have to do is appear and tell them I'm unemployed. My attorney says he will not go with me because it's unnecessary. My husband is out of state, so I'm on my own. I am SO worried about this. I have never been to court before and am terrified that if I say the wrong thing they're going to be there to haul me off in handcuffs or something. And I have to take my small child with me because I have no one to watch him. Has anyone been through this type of court appearance and what happens there??

[zenia]

First off I would get my money out of the bank. unemployment money they cant take , in my state of ohio. I say get all but $400.00 out of your account right now. If you dont go today and get your money out of the bank , they can attach your bank account. This has happened to my friends, but in Ohio they cant take anthing under $400.00
Really get your money out of the bank right now! Be safe not sorry. When the bank gets the order from the court to garnish , you wont know about it. Then days latter you might get a notice that the bank , gave your money away . Then the bank will charge you a fee for doing this.

You want to have your husband stop with any direct deposits , and you just go cash the checks. You will need to get your money out of the bank , trust me.

I am not an attorney , but I do know a few things on them garnishing the bank account.
I hope this helps you in some way.

[heath123]

thank you for the reply and advice. i have taken the money out; on the advice of our attorney we've been on a cash-only basis for the past month. i'm not sure if the bank has already received the order to garnish or not. the court summons i received indicates that the bank also received a summons for information. a bank representative either has to submit a statement of our account information prior to the hearing, or else the bank representative is supposed to appear in court also. basically our account is sitting nearly empty, but i'm being required to go to court and answer for assets and income. since i have no income presently, i'm not sure what they're going to require of me. i am extremely worried about what's going to happen, especially in the presence of my child.

[zenia]

I think you will be just fine. You will not go to jail, so its just a court date. You did not kill anyone , if you were going to go to jail trust me you would not be at your home right now. I do know at my court date I was so scared , and it was for nothing.

Your court date is only about what you have and do not have. I was happy to be the person that could offer you what I did know about your bank account. I know this is very hard on you. If I were closer I would go with you! We always think the worse of the unknown.
When you go to court just answer the questions , Like this: yes, no, I am not sure, not some long drawn out answer.
There were days I could not even smile. Because I was so scared. Like you right now!
One day I sat down and said , I dont care, I just dont care! After I thought that way, all my fears went away. And to this day I really dont care. I am a good person that had to file for bankruptcy.
Health 123 , watch a movie , do something you enjoy to get this off your mind.
I will be here for you , and when you feel things are getting to you , let me know. And we can chat about it , at least you have some great friends on this site.
Health123, you have done nothing wrong, you did not rob a bank, kill someone, Now look at what BP did with all that oil spill in the Ocean? There not going to jail, look at all the wild life they just killed!
People do go to jail for killing animals , but BP will not. Here is what I think Bp will do .
They wont pay a penny to all that has been hurt by this, they will file bankruptcy! See what I am saying? There is no reason for you to go to jail.

As for your child I can understand what you mean. You have to bring your child in to court, that in its self makes me upset. Because your child has nothing to do with your creditors. I have no idea as to how old your child is, But it will all work out. You wont be in front of that judge very long at all!
Did this help you? I hope I can help you in any way .
Thank God you have gotten the money out of the bank!
Kim

[heath123]

Thank you so much Kim for all your kind words! I'm really happy to have found this site; I can see that it is going to be very helpful throughout this process. I do have a small update of sorts; I called my attorney yesterday (I was trying to remain calm but I'm sure they could tell I was freaking out, lol) and anyway, they are going to try to rush our filing next week so that I don't have to go to court at all. I hope it works out... but if I do have to go, it's just one more step I've got to get through I guess. At any rate, it is very comforting to know I'm not the only one to have gone through this, so thank you!!

[zenia]

Wow thats great Health123 see things are looking up. I was thinking about you keep looking for you on here. Did you try the I dont care I just dont care Thing? That really helps me . Cause I dont care anymore. There is no way I will let anyone upset me again.
If my trustee wants my law suit he can have it all! Cause I dont really care. There is nothing else to take from me. I will be ok. If my trustee wants this law suit great, for him that just means I dont have to do any work on the case.
I dont know if you have read my post? But if you do you will see .
I am sick of the way the judges treat us , and the trustees. Oh and the creditors, here is my answer to these people , you want it take it! But you cant take my bank account nor garnish my wages. I filled chapter 7 .

I will be just fine , and so will you. I only make a small amount under $10.00 an houre, and I am on my own. So let the trustee take what ever he wants. See i just dont care.

Feels so great to say I just dont care. Look at all the rich people like Donald Trump my God, I wonder how much the trustee takes from him? And the very rich people file every 10 years. So did Opra file BK. And walt disney. And You and I are just trying to make it .
Like the others on here, and in the world. Let the cards fall as they may. Let it go health123. You wont go to jail.
get back to me as soon as you can. You have a child that needs his mommy. How dare them upset you to the point of , its interfearing with your young child. Health123 I need you to be strong, and just say I dont care . What You do care about is your health and your child.

There were days, weeks I did not eat. Couldnt sleep and on and on. I am sure you know that feeling. Well no more of that upseting my life. I wont let them do that to me.
Kim