Question Discovercard taking me to court in NJ. Can I still file bankruptcy? Feeling desperate

[msp1518]

I've been out of work for 3 years now and currently cannot work because of my hands (which need surgery I cannot afford). I've no income, live off the kindness of others and my only asset is my 2003 Chevy Malibu.

Discovercard is taking me to superior court in Hudson, New Jersey. The amount is just over 7k. "Superior court of New Jersey Law Division: Special Civil Part Hudson County."

It states FILED Jan 31, 2012. Today I found out about it, purely by chance, as the forms were mailed to an address I have not lived at since July 31 of last year (and Discovercard knows this). It's a darned miracle they found their way to me.

I've long put off bankruptcy, hoping to turn things around, but my massive medical problems have prevented me from taking even manual labor. I'm narrating this message and my friend is typing it.

In looking over the paperwork, I cannot figure out an actual court date or what I need to do, but I have NO MONEY and just need to file bankruptcy.

But is it too late?

I need advice. I'm over the top ill from receiving this letter and don't know what to do. i cannot afford a lawyer and have no way to borrow money from anyone. I'm alone.

My wife and I have been separated for over year now, but I still love her and do not want her to be sacked with this. She has never been part of the debt and has no assets herself. All the spare money she makes goes to her family in SE Asia. She supports them. Without her they would starve.

[keepmine]

Credit card debt is unsecured debt and may be discharged in bk.

[msp1518]

Yes, I understand that, but still, what now? Do I try to plead my case in court (from this summons in NJ) and hope the judge understands I have no way to pay? Or do I go for bankruptcy?

[tobee43]

it's not too late at all to file. you can just list the docket numbers of any law suit or judgment and after you file and get discharged and your case is closed you can file a motion to vacate any judgment that discover card may have gotten.

[tobee43]

Yes, I understand that, but still, what now? Do I try to plead my case in court (from this summons in NJ) and hope the judge understands I have no way to pay? Or do I go for bankruptcy?

only you can decide what is right for you. however, once again, any judgment or suit in you can list as long as it's an unsecured creditor.

[msp1518]

Okay. I'm really kind of super depressed so probably need a night to sleep this off and come back in here to read clearly. Thanks.

[shark66]

In my opinion, it would be a serious mistake for you to file right now.

You have no income and no assets.

Furthermore, you have no health insurance and are likely - given what you've stated - to incur medical expenses of a severe nature.

That fact alone would trigger me not to file at the moment.

So when Discover gets their judgment against you - my oh my - it will be worthless in real life. Not a big deal for you, let alone for them.

They are unlikely to bother grabbing your car - not enough money to be made after all the expenses are accounted for.

Once you get a stable job, resolve your health issue and actually gain something that should be protected by filing BK, go ahead and do it. Now is not the time, at least in my book.

My $0.02 only...

Good luck to us all.

[df04527]

Yes agree with shark ...you have nothing to lose by ignoring this lawsuit. They will get a judgement against you ... Big deal... Worthless. Don't waste a BK filing for when you may actually need it.

Ignore it is my opinion.

[tobee43]

shark 0.02 cents sounds like good sense to me as well. however, my point is just not to worry about it because even if a judgment is there, it's something that can be dealt with later if need be. and, i do agree, i wouldn't even bother to show up an fight it or even answer the summons. i know it's scary, but in the long run it should work out for you.

[lotsahats]

Don't let this put you into a depression. You don't have anything to worry about. With no income, or assets, any judgement they obtain against you will be worthless, and can be removed if you file bankruptcy in the future. Whether you file now or wait is up to you, but you're not in a hurry.

[doni49]

I'm with the others on this. Do NOT file BK at least until after your medical issues are dealt with OR you have insurance to cover those medical expenses.

Let them get their judgement. It won't be worth the paper it's printed on. Save the BK option for the medical bills that will likely happen.

Good luck and don't worry. If it makes you feel better, go have a FREE consultation with a BK atty and go over your situation. I'm pretty sure you'll get the same advice (if not, I'd call that malpractice ;)).