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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I received a summons in the mail from the Court of Common pleas

Customer Question

I received a summons in the mail from the Court of Common pleas in a civil case from 5th Third bank in a case about a vehicle that I had financed with them from 2005. I received a DUI and the vehicle was impounded and I was unable to get it back due to legal and financial issues. They came to repose the car and I told them where it was and I never heard back from them I assumed they picked it up? I was unable to make payments after around June of 2008. I do not live in the state where the court is summoning me and I have no money or job to pay them. My question is should I file bancruptcy and can they take my house? I have no way of getting to Ohio for the hearing how should I handle this? I have had to rent it out starting the beginning of the year since I was laid off last year and i am currently living with family in Kansas.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 6 years ago.
a bankruptcy may help. It would discharge the debt. otherwise, the creditor could put a judgment lien on your home. Depending on the equity, you may be able to strip off the lien if they do, if it impairs your homestead exemption. I suggest talking to a local bankruptcy attorney to review your assets and what exemptions Ohio can offer to protect these assets,the attorney will then set you up for the best chapter to file under. Most offer free consultations.
Thanks for your question and good luck.

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