ecurb Posted May 5, 2009 Report Share Posted May 5, 2009 :Hello folks-I need Help-I am being sued for credit card debt,in court in the next 2 and half weeks-from a collection co. do not know how to respond- Please, cannot afford attorney--What can I do? Would bankruptcy be my best option? Link to comment Share on other sites More sharing options...
merrybucks Posted May 5, 2009 Report Share Posted May 5, 2009 Would bankruptcy be my best option?You haven't provided enough information. Link to comment Share on other sites More sharing options...
nascar Posted May 5, 2009 Report Share Posted May 5, 2009 You need to consider a lot of things before deciding to file bankruptcy. Perhaps you should make an appointment with an attorney and discuss your options. No matter what you decide to do, just know that it isn't the end of the world. Link to comment Share on other sites More sharing options...
trueq Posted May 6, 2009 Report Share Posted May 6, 2009 but were you just sued?This means you need to answer. Start with a general denial with affirmative defenses. This will prevent default judgment and buy you time.Then you can reasonably talk with a BK lawyer as to what to do.I'm against BK if its going to cost you a significant amount of assets and if the debt "problem" being solved is only unsecured debt.Secured debt default merits BK protection almost all the time.This is why good advice from a BK attorney is essential. Link to comment Share on other sites More sharing options...
ecurb Posted May 6, 2009 Author Report Share Posted May 6, 2009 but were you just sued?This means you need to answer. Start with a general denial with affirmative defenses. This will prevent default judgment and buy you time.Then you can reasonably talk with a BK lawyer as to what to do.I'm against BK if its going to cost you a significant amount of assets and if the debt "problem" being solved is only unsecured debt.Secured debt default merits BK protection almost all the time.This is why good advice from a BK attorney is essential.Ok- I am from Missouri-How do I find the right paper work for this general denial with affirmative defenses. Link to comment Share on other sites More sharing options...
willingtocope Posted May 6, 2009 Report Share Posted May 6, 2009 Missouri? How old is the debt? When did you miss the first payment? Link to comment Share on other sites More sharing options...
trueq Posted May 6, 2009 Report Share Posted May 6, 2009 My state has a court case search website. I plug in the person suing me, limit the search to my county and check out the record events in every case for that plaintiff. Sometimes I search neighboring counties if they are all default judgments (and that does happen, creditor getting 100% default judgments...what a crime!)Write down Case #'s where the Plaintiff lost, those are the files I want to look at! Write down the case # and in most states you can go to your clerk of courts and ask to review that case file. You can make copies.The hardest thing is deciding whether the winning pleading fits circumstances of your case defense.Most of the time you can just tailor the winning pleadings to your case.If this sounds like work....it is! If you want to make it easy, hire a good consumer lawyer.This is the "save big bucks" on the lawyer and the effective pro se' strategy.Copy successful pleadings from consumer lawyers! Link to comment Share on other sites More sharing options...
willingtocope Posted May 6, 2009 Report Share Posted May 6, 2009 Missouri? How old is the debt? When did you miss the first payment?The reason I ask...is because I can never remember if like WI, Missouri has a "status of repose" as well as an SOL. Link to comment Share on other sites More sharing options...
sgip2000 Posted May 6, 2009 Report Share Posted May 6, 2009 The reason I ask...is because I can never remember if like WI, Missouri has a "status of repose" as well as an SOL.Mississippi has one, maybe you confuse the two? Link to comment Share on other sites More sharing options...
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