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About STMich5798

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  1. Hi All, Apologies for the very random out of nowhere post on my end, it took me quite a bit of time to find the message board and this thread as my previous computer was from a job that I ultimately lost so I wasn’t able to save the link. I wanted to provide an update and seek further guidance on my mother’s case with the Moore Law Group, being that we went through the entire process using the invaluable advice from this thread and all of you helpful members I figured I would circle back around to you all. So my mother and I were able to submit all of the documents in the hopes of potentially avoiding an actual court date (of course the moved forward and set one up) and my mother went to court on 5/22/18. I was unable to attend the court date due to being in between temp jobs and having to adhere to attendance policies for temp employees so my mother went alone, without speaking any English and provided all of her Cal Fresh paperwork proving that she receives assistance for food, all of her prescriptions, and also her social security info as that is her only for of actual income, which goes directly to a percentage of her rent (I pay the rest). While in court my mother was asked by the judge if she acknowledged the debt, which she did, and the judge essentially said this is a non-issue and her and the attorneys at the Moore Law Group need to work it out by themselves. My mother was then directed to a corner of the courtroom to have a discussion with the lawyer, in which she again showed all of her assistance documents and ssn, he then advised her to file for bankruptcy, he also asked that she call him and speak with his Spanish rep the next day. My mother has attempting calling them now for over a week to no avail. My mother received a notice of entry of judgement against her in favor of Capital One and of course my mother (and myself a little bit) are freaking out. I am hoping I can get a little bit of resources, outside of the tireless researching on nolo and other sites on what her next steps should be and if we should start cutting off her direct deposit of her social security, transfer her car (a beat up camry) to my name, and of course file for BK, which is hard at the moment given our financial crisis. As usual I am grateful for any and all advice on this issue, really can’t thank all of you enough for the previous advice given. - Mich
  2. Hi guys! Apologies for going MIA for a sec, unfortunately among other things my mother was hiding from me she was also hiding her poor health and landed up in the hospital twice in a week, so have had to deal with that as well. I have put some feelers out there with some low income law groups to see about her possibilities with a BK as I have gathered roughly around $54k worth of debt, but like many of you mentioned here not sure if it's even worth it. Also, thank you so much @sadinca for the Chowdhury info, they have taken my mom's info and are currently reviewing, hoping they get back to me next week, VERY nice office. So I am in the process of filing the general denial form, however i have a few questions, and please pardon my stupidity... I have tried to research the answers as best as i could but have been struggling with a couple thing... 1. Where exactly does it state on the summons whether or not the lawsuit is "verified"? Want to make sure I don't file the wrong type of denial. 2. As for the actual wording of the denial itself, the area where it states "the DEFENDANT states the following facts..." is there a general or formal description I should input? I have been looking at hundreds of examples and templates and they are all very different. Want to make sure I am leaning the right way. 3. Some of the research I have been doing on this forum has lead me to something called a "proof of service" that needs to be attached to the actual denial, is that an official document I obtain on the web? does it need to be notarized in any way? 4. @sadinca had kindly mentioned a fee waiver, been digging around and can't find a form of any kind... Does this mean she will have to pay up front and get reimbursed? Because unfortunately we have zero money for that at the moment. Does she file this waiver along with her paperwork? 5. Last question... When filing all of this paperwork through the court does my mother actually have to go in person to do so? I am only asking because english is technically her 3rd language and this would require some rather extensive instructions on my end. I also read that there is something I need to send the actual attorneys office suing me via certified mail? What exactly should I be requesting from them, if anything at all? @Anon Amos @fisthardcheese @Clydesmom @sadinca Cannot thank you all enough for all of your help during this tough time!
  3. This is such a relief, you have no idea how valuable this information is to me right now, planning on talking to my mom tonight and somehow get all of this through to her, unfortunately english is her third language so it can get a bit confusing at times, hoping she understands all of this, I know she is still shaken up about the whole thing. I will get on the general denial form and the BOP right away and report back to you. Thank you so much!
  4. This is so comforting to hear Clydesmom, can't thank you enough for this... I am in the process of getting all of her bills together and coming up with the grand total, will post here as soon as I get that spreadsheet done. I literally ransacked her apartment yesterday in search of every past due bill she's had, really need to get this situation fixed once and for all.
  5. I know, it was just a thought that ran through my mind during a time of desperation to be honest, gonna set aside her BK for now and focus on the advice in this thread. She never really has more than a couple dollars in her checking account after her rent clears. She gets about $700 then I transfer the remaining $400 to cover her rent every month so it all gets eaten up once her rent clears. I take care of her utilities with my own accounts. Currently the only thing of value that she actually owns would be her car (an old 2004 Camry) which she has the pink slip for. I currently have possession of the pink slip and was thinking I should probably transfer it to my name but wasn't sure. The pink slip for the car actually reads My father's name up top and then "or" her name on the bottom, so not really sure if they share the car or if it's an either or situation, my dad could give a you know what either way as he is not really a part of our lives. Would they actually be able to take her old clunker from her?
  6. Good day all, New here and have been researching the board extensively enough to know that this is the right place. I will try to make this as short as I possibly can... My mother is 71 years old and went through some rather harsh times beginning in 2015 (kept it from me for most of it) and finally decided to tell me a few months ago that she could no longer pay her bills (she gets a measly $700 from social security) and was having trouble paying her food, welfare and dwelling. I have since had to help her with rent and signed her up with some of the low income programs our state has to offer. She calls me rather frantically yesterday and says that a man came to her home banging on the door, upon answering he demanded she answer his question (are you so and so) she confirmed and he threw some paperwork at her and left. He provided her with a summons from the Los Angeles Superior Court by way of The Moore Law Group on behalf of Capital One for $7,240.80 from a 2 year old debt that she stopped paying on when times got tough. I have not contacted anybody just yet, the actual case was filed on April 5th, 2017 but it looks like my mother has 30 days from the date it was given to her to respond. I have never had to deal with something like this and can tell you that I have been researching bankruptcy for my mother for about 4 months now and this kind of threw me for a loop, i have spent the better part of the day just consoling my mom who was quite terrified by the whole thing. Just trying to figure out what our first steps should be, for reference my mom of course doesn't have a penny to offer anybody and frankly neither do I. She is on food stamps, medicaid and is even getting help with her utilities from the county so i'm not really sure what they can get from her if anything. Being that she is in the situation she is in what angle should I take with this? Apologies for divulging so much information, figured the more the better. I am about as freaked out by this as she is and to be honest I feel a little guilty about it because I really should have stepped up my efforts to aid in her filing for bankruptcy but being that I have two jobs and am a full time student it has been hard to keep up with, not to mention I don't have any money for a BK lawyer... May need to look into an emergency loan or perhaps take from my student loans in order to help her start the BK process, but I feel it might be a little late for this particular case. Any and all help or guidance or just good old steering in the right direction is greatly appreciated. Glad to finally be a part of the community. Thank you guys! - Mich