Appointment

[ladyluck193]

What is the name of your state? Michigan

I have an acquaintance who's very much in debt due to a nasty divorce. She's recently losted her only income, and relies on public assistance to feed herself and children. Collectors and lawyers are sending her threatening letters, and she has no way to pay any of these debts. She contacted an attorney, and of course he wants a fee to file bankruptcy, of which she does not have. Is it possible to request that an attorney be appointed to represent her? Also, does anyone know if there's a statue of limitations in MI regarding debts?

 

[Ladynred]

Your friend needs to go talk to Legal Aid immediately. They can do bankrutpcies and if she's on public assistance, she should qualify.

Yes there is a statute of limitations on debts in MI - as in every state.

SOL on credit cards - 6 years, written contracts - 6 years. SOL is computed from the first deliquency, provided she's made no payments since.

 

[ladyluck193]

Thanks. She contacted them and they have a waiting list that extends into 2006 for bankruptcy. Thanks for the SOL info.

 

[Ladynred]

OMG 2006 ! ? If Bush gets re-elected the bankruptcy laws are likely to be changed by then too.. bad news.

Could she make payments on lawyer's fee ? Most will take payments, but they don't file until their fee is paid.

Or, she could do it herself, not easy, but possible - filing fee is $209

 

[ladyluck193]

yea..that date really sucks, and she just informed me yesterday that they have already attached her state refund check. Now the court has sent her a motion for show cause for failure to provide info. She said she didn't realize not going would land her in front of a not very nice judge. I'm pretty good at reading directions and filling out forms. I'd like to help her. Do you think it's possible for a layperson to do this? Do you know if there are kits available for bankruptcy? Thanks, ladynred.

BTW..I think we're all in world of dodo if Bush gets re-elected. We're busting our butts around here to keep that from happening!

 

[Ladynred]

Wait - WHO has attached her state refund check ?? Sounds like a judgment has already been rendered against her

Now the court has sent her a motion for show cause for failure to provide info.

?? Was she sent a subpoena to appear in court or served with interrogatories ?? Ignoring either can get hit with contempt of court charges.

Yes, there are bankruptcy "kits". OfficeMax, OfficeDepo, they all sell them for about $25. I even saw one in Borders. You should not go it alone w/o at least gettng the Nolo book -"How to File Chapter 7 Bankruptcy", very good book, explains every line on every form and INCLUDES the forms. Retail it costs about $30, but you might find it for less on Amazon. If her case has any complications, doing it alone could be dicey, so be careful.

 

[ladyluck193]

She's in debt to several companies, mostly cc, however, she ran up a dentist bill thinking she had coverage through the end of the month, when indeed it ended the day she was laid off from one of these mom & pop shops here. It's the dentist's attorney that has motioned for a sc hearing. One of the cc co.'s lawyers attached her refund. She's getting hit hard, and I thank you for the info regarding the kit. I don't know what else can be done for her other than hitting the lottery

 

[ladyluck193]

To Ladynred

Hey...it's been awhile with regard to this thread..but she bought the kit, and of course all the paperwork was dumped on my desk to sort out. I really don't mind as long as I can help..I've discovered that with the exception of two of the debts, all are over six years since she's made a payment, which would qualify for the SOL. One of these six year goodies made it into court, and won by default, and has attached her state income tax refund. Is there any way to appeal this? Thanks Lady...you've been a big help to this poor layperson

 

[Ladynred]

Well, you can try to appeal it, but if its been quite a while since the judgment was renedered and she ignored the summons, didn't file an Answer and never went to court.. there's not going to be a whole lot you can do.

 

[ladyluck193]

Actually it was about 45 days ago, which is really how all of this got started. I was thinking about this and wondered if this judgement can be included in the bankruptcy? BTW I personally contacted Legal Aid in Michigan and they don't do bankruptcy at all! Thanks again.

 

[Ladynred]

Of course the judgment - or rather the debt that caused it, can be included in the BK. Once the debt is discharged, the judgment can be eliminated with a motion to vacate due to bankruptcy.

 

[ladyluck193]

Thanks again, Ladynred. You have really helped, and with class too!