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  #1  
Old 09-22-2004, 03:21 PM
CRCCC
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Summons on Credit Card


What is the name of your state?Alabama
I received a summons from the Court on a Credit Card Debt that was incurred in 2000-01. What is the best way to handle
this? Reply to the summons, contact a lawyer, contact the
Credit Card Company Law Firm?
I talked with a Bankruptcy attorney last year and was told that I did not quality to file for bankruptcy because I own property in my name. Is this true?
The only other assets I have would be vehicles.
Can they garnish my wages?

I
  #2  
Old 09-22-2004, 11:07 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
What ?? There are no restrictions to filing BK just because you have property in your name ! If that were true, not a single homeowner could ever file !! What KIND of property and how much equity do you have in it ??

Yes, they can garnish wages in AL.

Definitely file your Answer to the Complaint if you are required to do so. If you want to deal, you'll have to negotiate with the lawyer suing you.
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"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 09-23-2004, 10:41 AM
CRCCC
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Ladyin red


Alabama
I own my home and have around $50,000 equity in it, that's it, were do I
find a attorney to help, seems all I contact just want to give you the run around or are more interested in a fee, Icould come up with the filing fee
but would need a honest attorney that wouldn'tr charge me a arm and a leg,
that's why I hesitate to contact one concerning this debt.
What would I need to do to file, which type Chapter 7 or 13.
Do I need to respond to the summons or let a attorney handle it.
If I filed for bankrupty would I be able to include this debt?
  #4  
Old 09-23-2004, 07:00 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Ok, now I understand. AL only allows a 5,000 homestead exemption. With 50K of equity, CH 7 would be a bad idea, you'd have to go with Ch 13. Ch 13 will cost you a higher fee, but its included in your plan.

The best way to find a lawyer is to check the BK court dockets for 341 meetings. The lawyers that are there the most will be the better ones to talk to, at least they're not just dabbling in BK cases. You might try checking that out.

You don't have to have a lawyer to respond to that Complaint, you can do it yourself. Yes, the debt could be included in a BK.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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