Need Help Bad!

[KYgirl]

A Civil Warrant just arrived at my door. The constable was very nice.

Where I need help is here.

We have absolutely no many! I'm on disabilty and my husband is on social security. Husband is in renal failure amd conjective heart failure.

We are barely covering medical expence. It's to the point of medication or food.

We had to stop paying on our credit cards over a year ago.

Now, CAPITAL ONE has filed a civil suit against me. Just me, not my husband.

We don't have the money to pay for an attorney or file bankruptsy.

The court date is set for June 14, 20010.


Does anyone know what I should expect? I'm crying and can't hardly type. I'm 59-years-old and it's like my life is passing before me! I worked for 30 years in law enforcement until I had to have a total knee replacement.

I do have medicade, but my husband has been turned down because he is only 63.

Our only income is the checks for SS & Disabilty. Will the courts take this away?

Any help at all will be appreciated.

Thanks

[Amadan]

go for a free consult with a bankruptcy lawyer or contact a legal college near you. The free consult may get you a referral faster.
you will likely qualify for a chapter 7. It may be rough to get the money together for filing fees but it would be better than the alternative.
i would say act fast whatever you do.

[KYgirl]

Do you know if our government checks can be taken from us? Thanks for your help!

[tigergem]

Well you do have to file an answer with the court, otherwise Cap One will get a default judgment against you.

The format is up to you, as long as you follow the Rules of Civil Procedure for your state. They will tell you, for example, that your answer to each complaint (claim) against you must state either that you Affirm, Deny or don't know about the claim.

Usually you have to state in simple and plain statements and show evidence to back up what you say. You cannot merely say you DENY unless you can show why you Deny.

In most if not all states, anything that is not specifically denied is thought to be admitted/affirmed.

Normally the paragraphs in the complaint will be numbered, and your answer will correspond to the numbers in the complaint. You admit what you need to admit (like undisputed or immaterial facts) and deny what is critical to deny (any paragraphs that would accuse you of liability). If you aren't sure what to do about one paragraph or another, you normally would say that you "lack information and belief" with concern to that particular claim, which essentially means you don't know enough about the facts of the case to affirm or deny the claim.

Good luck.

[tigergem]

Social security benefits cannot be taken to satisfy a civil judgment like this one. But that won't stop them from trying to seize your bank accounts, if that is what they have a mind to do. Then you would have to prove that the funds in your account were exempt in order to get the money back.

[BCA2009]

You need to find out if your disability payments can be garnished. There is a good chance that they can't. If that is the case, then all of your income is safe. And if that is the case, you probably should hold off on bankruptcy.

You might incur more medical debt over the next few years and you need to save the BK for the future.

So if your income is exempt and all of the cash in your checking account came form that income source, they shouldn't be able to sieze it.

[KYgirl]

Thanks for all your help....I'm still trying to work on all of this to see in fact, if our checks can be garnished.

[dscurlock]

If you do not have money for BK, then by all means do show up
for your court date and answer whatever they ask...you are only
going to court to answer their questions, not to be put in jail.

The worst I acutally see in this, is you ending up with a judgement,
and that will most likely be the end of it...I do not think they
will get your SS/disability as you need that to live on...

PS.

You should not have anything to worry about if this is your court date:

The court date is set for June 14, 20010

[KYgirl]

Sorry for being so late in replying. Thanks for your advise. Greatly appreciated.

[OregonMom]

Check around with lawyers in your area, I was able to retain a lawyer for $50 and it took me a year to pay all of the fees for a ch 7 bankruptcy which cost around $1500. I know you said you had a total knee replacement, but could you find some sort of work, I sell on ebay, people drive around and deliver papers from their car, babysit some older children who don't need to be picked up, where there is a will there is a way to make extra cash.