Im Being Sued

[JANICE2005]

What is the name of your state?NEW JERSEY, IM BEING SUED FOR CREDIT CARD DEBT THAT IVE OWED FOR SEVERAL YEARS BUT IM UNABLE TO PAY, THE DEBT FOR THIS CARD IS 6500.00, I RECIEVED LETTERS FROM LOCAL LAWYERS ABOUT FILING BANKRUPTCY ----WHAT DOES SOMEONE LIKE MYSELF DO/ IM 52 YEARS OLD, SICK AND UNABLE TO WORK, I CANNOT PAY MY DEBTS, DO I GO TO THE COURT AND BE SUED OR FILE BANKRUPTCY? THANK-YOU

 

[JETX]

WHAT DOES SOMEONE LIKE MYSELF DO

First, you turn your caps lock key off so that you don't look like a blithering idiot. Then, you edit this post to use the PROPER keys.

 

[JusticeSeeker1]

Read those letters from local lawyers. Pick the one you are most impressed with or pick the one with the best letterhead. Then go and talk to them. You can read up on BK laws here: http://www.bankruptcyinformation.com/index.html

 

[mymymy]

OHHH Jet.. those twisted-up knickers of yours are going to bunch up in an uncomfortable spot.. LOL.

She's TALKING LOUD cuz' she's upset! And you know how us native New Jerseyians are when we get upset....

 

[capri142]

Whats the worst they can do?

Well Janice, since debtors prison was abolished some time ago, there is not really a whole lot that they can do. It always amazes me how upset people get when they get threatened with a lawsuit. Now if you had some assets or wages to ganish there might be some reason for concern. Since this is not the case, NOTHING will change if you get sued. The creditor will have a judgement against you that will allow them to attach your property or wages in the future. But this is somethoing that the creditor has periodically pursue. It messes up your credit but that's probably already a mess. Bankruptcy? well the laws are changing but mostly only for those who can still pay their bills but just dont feel like it or are having a hard time, not for those who genuinely cannot pay. So it is an option but not something you have to do today. Besides filing bankruptcy generally costs several hundered $ and the attorney wants it all up front.

 

[Ladynred]

Read those letters from local lawyers. Pick the one you are most impressed with or pick the one with the best letterhead. Then go and talk to them.

That is the absolutely WORST way to pick a bankruptcy lawyer !!! Why not pick the ambulance chaser with the biggest sign out front !! ?? Geez.

Bankruptcy is an option, it will stop the harrassment, but in your case, depending on the total amount of your debt, it may not be necessary. If you have nothing they can take, and won't have in the future, then its up to you if you want to fight them for the next 20 years. With a judgment they can keep trying to take money/things from you and that includes siezing your bank account with your SSI money in it. Then you have to fight them to get the EXEMPT funds returned to you. Bankruptcy will stop them FOR GOOD.

Besides filing bankruptcy generally costs several hundered $ and the attorney wants it all up front.

That's not necessarily true. Many lawyers will accept payments for their fees or will split up their fee with part being paid before you file and the rest before your 341 meeting.

 

[anabanana]

If you're disabled and can't work, a legal aid or legal services office might be able to help you. There are a number of them in New Jersey, though they don't all do BK stuff. If they don't, you might ask if they have a pro bono panel of attorneys who take referrals of folks who can't pay, but can't be assisted by Legal Aid, either.

And don't let Jetx get to you. He may seem like a grumpy curmudgeon, but at heart, he's actually a cranky old bastage.

 

[JusticeSeeker1]

Ladynred: Biggest sign out front.

OP: As mentioned the legal aid services for your county or state is a great idea. I was actually being sarcastic before. Also, a good resource for Pro Bono work in a specific area of practice, such as BK, is the County or State bar association. You can call them and inquire about free services in the area of BK. Good luck.

 

[anabanana]

Actually, it's possible that the bar association will have some free advice referral service, but nowadays, pro bono referrals are most often handled through legal aid and legal services offices, even if in cooperation with the bars. If you can afford SOMETHING, however, some bars have a low-cost panel of attorney who will take a case at a flat fee or a reduced hourly rate depending on the type of case.

But whether you go through Legal Aid or the bar, I will tell you up front that relative to the need, the "pro bono attorney" is largely a theoretical construct. It is extremely difficult to find an attorney to take a case for nothing. Would you work for nothing? It's an aspirational thing, where lawyers, as privileged members of society are understood to have some obligation to lend service to the poor in the interests of equal access to justice. Some places make lawyers REPORT whether or not they do any pro bono, but there is nowhere that is is mandatory that they actually perform such services. So if you find one who seems even remotely willing, remember that you are asking for a huge favor, and they don't have to help you if they don't want to.

A little ass-kissing wouldn't be out of line.

 

[JANICE2005]

new jersey, I just want to say thank-you to everyone who replied to my question, and Im sorry about the caps, Ive got a few other questions though if anyone would please help me, I did call a lawyer for a over the phone consult--- he said his fee is $900.00 + court fees $209.00+ credit report $30.00 . But for me thats almost impossible to come up with, although Ive heard its possible to file by myself without a lawyer, thats probably not a wise thing I guess, maybe I can checkout the legal help available in my area as was mentioned in your replies. This is very hard to know whats best to do, any advise you can share with me is appreciated, thank-you again,janice

 

[Ladynred]

Call another lawyer or 2 or 3, it pays to shop around. Get your OWN credit reports, why pay some lawyer to do that. You may be able to get yours for FREE. Definitely pursue the legal aid route.