Bluefairy*2

[Bluefairy*2]

What is the name of your state (only U.S. law)? California.

1.) I was served with a summons by a collection agency suing me for credit card debt and have one and a half weeks left to respond, but with school it leaves me only this Tuesday to respond as I tried to find help and was unsuccessful. I am going to file for chapter 7 bankruptcy and I just did the credit counseling and got the certificate today. I am on SSI disability, and my only other income is state grant that goes directly to the school for fees, and student loans. I own a home, but between my mortagage, (approx. 100k), and the homestead exemption it is exempt along with my aforementioned income sources. I have NO money to hire anyone to help me and my legal aid office no longer helps for bankruptcy cases. Questions:
1.) Since I will be filing for bankruptcy do I still need to answer the summons? 2.) If yes, what do I put in the answer? Does it need to cite specific laws?
3.) When I file bankruptcy do I put student loans as income or anywhere on any form?
4.) Since I quit paying credit cards Aug. 2008, (health and school prevented earlier filing), do I put on form what I owed when I stopped paying or put what last 6 bills state?
5.) Can I serve by mail for first filings? If not, who do I contact to serve for free if I need to answer summons since address is out of town?
6.) Is there anywhere to get free help with all this since I am on ssi disability?
7.)Is it considered a technicality I can use to have the lawsuit dismissed that the address to respond to says one town, yet the siner crossed off that town and put a different town above where they signed and failed to initial it and failed to provide an address for the location of that town where they claim to have signed it? If so, what do I file-what form and what do I say?

Please respond by referring to the number of each question you are referring to in my questions so as to avoid any confusion. Thank you. Your assistance is much appreciated.

[NDXUFan]

Originally Posted by Bluefairy*2

What is the name of your state (only U.S. law)? California.

1.) I was served with a summons by a collection agency suing me for credit card debt and have one and a half weeks left to respond, but with school it leaves me only this Tuesday to respond as I tried to find help and was unsuccessful. I am going to file for chapter 7 bankruptcy and I just did the credit counseling and got the certificate today. I am on SSI disability, and my only other income is state grant that goes directly to the school for fees, and student loans. I own a home, but between my mortagage, (approx. 100k), and the homestead exemption it is exempt along with my aforementioned income sources. I have NO money to hire anyone to help me and my legal aid office no longer helps for bankruptcy cases. Questions:
1.) Since I will be filing for bankruptcy do I still need to answer the summons? 2.) If yes, what do I put in the answer? Does it need to cite specific laws?
3.) When I file bankruptcy do I put student loans as income or anywhere on any form?
4.) Since I quit paying credit cards Aug. 2008, (health and school prevented earlier filing), do I put on form what I owed when I stopped paying or put what last 6 bills state?
5.) Can I serve by mail for first filings? If not, who do I contact to serve for free if I need to answer summons since address is out of town?
6.) Is there anywhere to get free help with all this since I am on ssi disability?
7.)Is it considered a technicality I can use to have the lawsuit dismissed that the address to respond to says one town, yet the siner crossed off that town and put a different town above where they signed and failed to initial it and failed to provide an address for the location of that town where they claim to have signed it? If so, what do I file-what form and what do I say?

Please respond by referring to the number of each question you are referring to in my questions so as to avoid any confusion. Thank you. Your assistance is much appreciated.

1. I am on SSI Disability due to dialysis or renal failure. When it comes to SSI disability benefits, the creditors are up the creek without a paddle. SSI disability benefits are exempted from collection.

2. Depending on the level of debt from the credit card, I would consider filing a Chapter 13 Bankruptcy. This way, you can pay your debt to the U.S. Trustee over a time span of 3-5 years, each month. You can pay your Chapter 13 court to the U.S. Bankruptcy Court in installment payments.

3. Since you are only receiving SSI disability income and you are receiving a state grant for school tuition and books(They may not touch this money), you are in a class that is non collectable for debts or judgement proof. In other words, they have no way of collecting money from you. You can respond to the court and the summons, but, the creditor's attorney has no legal grounds to collect any money. The house belongs to the bank.

4. Student loans are non-dischargeable if guaranteed by a governmental agency, unless you intend to apply for a hardship discharge. This type of discharge is almost impossible to obtain from the court. Collecting student loans has become an obsession of the government. When I see the treatment of corporations and student debtors, I have to laugh, what a fraud. By the way, I am a Reagan Republican. If it had been up to me, these corporations would not have not received a dime from the taxpayer. Your stupid executive business practices do not result in sweetheart deals and loans from the working class taxpayer. Conform to the profit discipline or go out of business and stop wasting resources on products that people do not want to buy, the public does not owe a living to you.

[Bluefairy*2]

I appreciate your time, however, I know I am Judgement Proof although I do not know how to get declared Judgement proof. I do not have the ability to file chapter 13 as I am unable to make ANY payments. I already am barely making it, so it is absolutely impossible. I wish I could. I have no choice but to file chapter 7, so the question is:
Since I am going to file chapter 7 will I still need to respond to the summons? If so, what do I put in the Answer to the summons to get declared Judgement proof? since I was served the summons before filing for chapter 7, will the automatic stay in chapter 7 stop the lawsuit by the collection agency?
I am sorry to hear about your disability. I know how hard it is for a person with a disability. It is so sad what we have to go through, and most people who do not have a disability do NOT understand nor are they considerate concerning the suffering we go through. My heart is with you. Thanks.

[ecmst12]

"Judgement proof" is not something you can be declared. In your case, it's likely to be a temporary state since you are in school, presumably you will have income again when you finish. While your SSI is exempt, your student loans are NOT and they can be seized in between the time they go into your bank account and the time you pay them to the school, so keep that in mind.

[Bluefairy*2]

Actually, student loans are exempt in chapter 7 bankruptcy. Student loans are federal money that can only go for school purposes. Also, the school does not disburse any money until it takes out all fees first. This still does not tell me if I need to answer the summons or if the automatic stay will stop the suit or, if I do have to answer the summons-how do I answer it. Thanks for the try though.

[ecmst12]

I don't know the answers to those questions; hopefully someone who does will come along. I know you need to answer the summons (never ignore a lawsuit) but can't tell you how.

I didn't mean exempt from bankruptcy. I meant that if a judgement is awarded (and not discharged in BK), then those funds can be seized to pay off the judgement, once they are in your bank account.

[bigun]

[url=http://www.bkforum.com]Bankruptcy Forum[/url] has a pro se forum where you can get some help.