dealornodeal Posted February 10, 2007 Report Share Posted February 10, 2007 Hello I am new to the board... and I have a lot of questions but ONE that is giving me sleepless nights. I hope this is the right board to post my question if not please redirect me.Here is my story I try to keep it short...My credit score was 720 in 2005. I bought a fixer upper House in 2005 , I was robbed of the equity and had to quit claim it in 2006. The Mortgage is still paid on time by the party that I quit claimed it to. There was a trust created but I have no value in the house.Due to the nightmare of a separation in March of 2006 I find myself loosing everything. But I kept myself afloat with the help of friends. But my Credit is dead now. Last time I checked 425 or so.I voluntary had the bank taken my Car cause I had no money to pay ( I tried to sell it but nobody would give me the money that I owed the bank) that was in August 2006.I have about 30 K in unsecured debt. I had not talked to anyone of the CC's or Collection Agents because I have nothing to settle with....My plan was to stay under the radar until I have saved enough money to settle my debt with them.But with my luck...Chase Manhattan sued me in small claims court for a $6000debt. I have a preliminary hearing on Monday. BUT I have not been served the papers cause they could not find me. I know that a hearing had been scheduled because I searched the Clerk records and that's how I found out.Now my question is:Since I had not been served the paperwork...will a preliminary hearing give them a default Judgement if I don't show up? If they have a Judgement what happens next??How do I find out what Judgement they got?The last thing that I want is that they take my Car that I have...is just a cheap Car but how can I prevent this from happening?Can I always go back and settle even when there is a judgement???I hope someone can help me and shed some light here...I know its last minute.....Are there paralegal out there that will help you with paperwork to fight them off??Since I don't have the money for a Lawyer.Thanks a millionMarion Link to comment Share on other sites More sharing options...
willingtocope Posted February 10, 2007 Report Share Posted February 10, 2007 I have about 30 K in unsecured debt. I had not talked to anyone of the CC's or Collection Agents because I have nothing to settle with....My plan was to stay under the radar until I have saved enough money to settle my debt with them.But with my luck...Chase Manhattan sued me in small claims court for a $6000debt. I have a preliminary hearing on Monday. BUT I have not been served the papers cause they could not find me. I know that a hearing had been scheduled because I searched the Clerk records and that's how I found out.Now my question is:Since I had not been served the paperwork...will a preliminary hearing give them a default Judgement if I don't show up? If they have a Judgement what happens next??How do I find out what Judgement they got?The last thing that I want is that they take my Car that I have...is just a cheap Car but how can I prevent this from happening?Can I always go back and settle even when there is a judgement???I hope someone can help me and shed some light here...I know its last minute.....Are there paralegal out there that will help you with paperwork to fight them off??Welcome...we moved your post over here where the legal minds can look at it.Until they do, here's some thoughts.Show up in court. Point out you didn't get the summons, and you don't really know if this is your debt or not. Ask for a continuance until you can get legal counsel.(If you don't show up, they will get a default judgement. Those are very hard to get rid of, and will affect any income you might get in the future.)Now...have you considered BK? All this bad debt is going to hurt your credit for years to come anyway (a judgement will go for 10 years for example) so, if you have little or no income, and no assets right now, a BK 7 will put all this behind you pretty quick. Link to comment Share on other sites More sharing options...
dealornodeal Posted February 10, 2007 Author Report Share Posted February 10, 2007 Hi thanks for looking into my post....I figured my credit is shots either way...that's why I thought not to appear in court.But if I do can or should I do this alone...I don't want them to pull wool over my eyes in telling me that I have to agree to something I don't have to.Anyway I went to a BK Attorney for consultation, but I do not qualify for BK7 only for BK13 because I had last year quit claimed my House and under the new law that would not work for BK7 she said. I also have a Car worth $3000, that's a problem.So where is my original Post now so I can find it?Many Thanks... Link to comment Share on other sites More sharing options...
willingtocope Posted February 10, 2007 Report Share Posted February 10, 2007 So where is my original Post now so I can find it?See up at the top of the page, right under the little My Yahoo and Add to Google buttons...There's the "bread crumbs" that help you keep track of where you are...Now...you might want to try another BK lawyer. The quit claim thing might be a problem, but if you have little income right now, you still might qualify. Link to comment Share on other sites More sharing options...
Recommended Posts