Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
1) What is the market value - if any - of your business, if it can be sold?
2) What is the current market value of your car? What is the balance on the car loan?
Bankruptcy is an excellent choice for anyone struggling to pay their bills. To have all debts discharged, you can file a Bankruptcy before or after getting a judgment.
You are not entitled to an attorney (only for criminal cases).
Since your business cannot realistically be sold, you would be able to keep the business, if you file a Bankruptcy. Since the car has less than $2575 equity, you would also be able to keep the car - if you continue to make the payments.
Sending emails about your car payment is not considered to be harassment.
If the creditor gets a judgment, that judgment could be used to garnish bank accounts and place liens on property. If you were working for someone, your wages could also be garnished.
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Your income cannot be in the sense that payments cannot be intercepted from your customers before you receive them. They would only be able to garnish a bank account, not a Paypal account.
If you go to court, you are entitled to at least one postponement for any reason - including the fact that you are trying to get an attorney (which would not make sense to actually do, because of the expense).
Judgment holders rarely put liens on property, even though they can, because doing so is costly and usually futile. (For instance, if they put a lien on your car, you would be less likely to take care of it, and it could then become worthless.) Since judgments are good for 10 years, judgment holders are far more likely to just wait until your financial situation does improve.
Large companies will generally only garnish bank accounts and wages, not property. Individual judgment holders are the ones who try to take property.
Yes - a judgment holder can put a lien on your car, but cannot take it unless it can be sold for enough to pay off the first lienholder plus $2575 for you (the motor vehicle exemption in Hawaii).
No - getting another lien on the car is not grounds for repossession by the car loan company.
A judgment holder could attach pre-paid Visa cards, but how would they find out you had them?
If a judgment holder found your Paypal account, they would be able to attach it. However, Paypal is not regulated as a bank is, and finding your Paypal account will be harder than finding a bank account, since Paypal does not have social security numbers, they don't check the information provided online, and there is nothing to prevent someone from using a fictitious name to open an account.
Here is the properly that is exempt from collection (the same exemptions that are used for Bankruptcy are also used for judgments):http://www.hawaiibankruptcy.com/exemptions.html.
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