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notice to appear in court
- Thread starter massnew4
- Start date
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State of Florida
I received a notice to appear in court due to a bad debt of two years ago.
I do not have the money to pay off the debt due to health issues, but I don't want to go to court either. What can I do to avoid additional problems with this? What would happen if I don't go to the court hearing.
Thank you very much.
I received a notice to appear in court due to a bad debt of two years ago.
I do not have the money to pay off the debt due to health issues, but I don't want to go to court either. What can I do to avoid additional problems with this? What would happen if I don't go to the court hearing.
Thank you very much.
You LOSE automatically and you wind up a with a judgment against you. Once they have that, they will go after your bank accounts, your paycheck, and put a lien on your house (if you have one). NEVER, NEVER blow off a court date. It doesn't matter that you don't have the money to pay it off. If you go to court, you may have one last chance to negotiate a settlement and/or payment plan, AND, you have a chance to challenge them to PROVE the debt is yours. If you just roll over and cower in a corner, that judgment is going to haunt you for the next TWENTY YEARS - all the while accruing statutory interest on top of the amount they are suing you for - plus court costs and attorney's fees.What would happen if I just don't go?
Okay, I assume you are being sued in small claims for the debt?
You should go to court but if you don't have a defense you'll loose either way. Obviously you already have bad credit so a good resolution is chapter 7 bankruptcy. If you file, make sure to include ALL debt so to get it all cleared off. You can hire an attorney that will handle the paperwork for you. Atty fee and filing fee should be less than $600 or if you have the patience you can get the packet and file on your own. It's not really all that hard but it will protect your primary residence and vehicle, etc.
Another alternative is once the judgement is entered you can file the papers to protect your home, vehicle from being taken to satisfy the judgement. You can also protect your income in some instances from being attached if it will create a hardship. But CH7 is your best option. If you decide to go that route it doesn't matter if you show to court or not because you will be including that debt and judgement in the bankruptcy anyway.
You should go to court but if you don't have a defense you'll loose either way. Obviously you already have bad credit so a good resolution is chapter 7 bankruptcy. If you file, make sure to include ALL debt so to get it all cleared off. You can hire an attorney that will handle the paperwork for you. Atty fee and filing fee should be less than $600 or if you have the patience you can get the packet and file on your own. It's not really all that hard but it will protect your primary residence and vehicle, etc.
Another alternative is once the judgement is entered you can file the papers to protect your home, vehicle from being taken to satisfy the judgement. You can also protect your income in some instances from being attached if it will create a hardship. But CH7 is your best option. If you decide to go that route it doesn't matter if you show to court or not because you will be including that debt and judgement in the bankruptcy anyway.
And just how did you come to that conclusion given the paltry information given in the original post ?? Bankruptcy may not even be necessary, but we don't have anywhere near enough facts to support any conclusion.Obviously you already have bad credit so a good resolution is chapter 7 bankruptcy.
It's not a CHOICE, by law you MUST include ALL debts.If you file, make sure to include ALL debt so to get it all cleared off
How can you say that ?? The days of $600 bankruptcies are GONE. Filing fees alone have nearly doubled since the 2005 law was passed and Attorney's fees are way, way beyond the $400 or $500 it cost prior to the new law going into effect. The AVERAGE for a no-problem Ch 7 these days is closer to $1200 !Atty fee and filing fee should be less than $600
Under the new law, filing w/o an attorney is a fools mission. There are so many things that can go wrong that it's just not wise. Not hard ?? Form 22 for the Means Test is enough to try the patience of Job himself !if you have the patience you can get the packet and file on your own. It's not really all that hard
Another blanket statement. You simply cannot say that, you don't know anything about the OP's assets and their value and FL's exemptions are pretty thin.you can file the papers to protect your home, vehicle from being taken to satisfy the judgement.
Texas Pooh
Member
I don't know what to do. I don't have the money to pay it off. I don't want to appear in court either.
But it's not going to away on its own, so you have to do something. As LNR suggested, if you don't show up and they get a default, the creditor will begin post-judgment proceedings, which only means (a) more time in court and (b) increased costs to you and (c) certainly more emotional wear and tear on you.
Therefore, you need to file an answer. It doesn't have to be a fancy answer. You need to either contact the creditor before the court date (if you can reach them and they will talk to you) and work out a payment plan, or show up in court and try to talk to the creditor then (usually before you see the judge, there's a chance to make a deal). Be organized- list out your assets, your monthly income, expenses and be prepared to present a reasoned explanation for your settlement proposal. If most of your assets are exempt, and you have other reasonable expenses, the creditor may be persuaded to accept a payment plan you can live with. I can guarantee you it will be than what happens if they get a judgment, when the creditor tries to collect the debt (look at the posts on this forum that start with "help, they garnished all my money").
But it's not going to away on its own, so you have to do something. As LNR suggested, if you don't show up and they get a default, the creditor will begin post-judgment proceedings, which only means (a) more time in court and (b) increased costs to you and (c) certainly more emotional wear and tear on you.
Therefore, you need to file an answer. It doesn't have to be a fancy answer. You need to either contact the creditor before the court date (if you can reach them and they will talk to you) and work out a payment plan, or show up in court and try to talk to the creditor then (usually before you see the judge, there's a chance to make a deal). Be organized- list out your assets, your monthly income, expenses and be prepared to present a reasoned explanation for your settlement proposal. If most of your assets are exempt, and you have other reasonable expenses, the creditor may be persuaded to accept a payment plan you can live with. I can guarantee you it will be than what happens if they get a judgment, when the creditor tries to collect the debt (look at the posts on this forum that start with "help, they garnished all my money").
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