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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am being sued by capital one bank and go to court on Monday, I

Customer Question

I am being sued by capital one bank and go to court on Monday,
I am representing myself because I can not afford an attorney. I
was injured in an explosion in December and have not been able to
work since then, I have no money in my bank account and I rent a small trailer. I own a pretty worn out $800.00 pick up truck and was wondering if they get a judgement against me can they take that from me? Only other thing I own are just some mechanic tools but not of a lot of value, can they take any of that as well?
Thanks
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy and Consumer Protection attorney here to assist you.

cfortunato :

Since you own very little, there is nothing the creditor can take from you, even with a judgment.

cfortunato :

This is because you are allowed to keep $4,000 worth of personal property.

cfortunato :

Also, you should not worry that you cannot afford an attorney, as an attorney is not necessary, and if you do owe the money, there is really nothing an attorney can do for you.

Customer: Where can I document or what code states that I can keep $4000 worth of personal property?
cfortunato :

In fact, hiring an attorney can send the wrong message - as doing so can give the impression that you do have money.

cfortunato :

Just a moment - I will look up the code for you.

Customer: I have read that they could get a writ of execution or something like that and have the sheriff's office come and confinskate my personal items and sell them? Is that true?
cfortunato :

It is Tennessee 26-2-103, which you can see here:

cfortunato :

http://www.lawserver.com/law/state/tennessee/tn-code/tennessee_code_26-2-103.

cfortunato :

They cannot take your personal property if it is worth less than $4,000.

Customer: but they are saying that I only owe them $1500, so couldn't they try to take $1500 worth of personal property from me?
Customer: If the attorney shows up with the information that I requested (do you think they will?)
Customer: Can I ask for a continuance so that I would have time to examine all of the statements?
Customer: Or how can I buy more time before getting a judgement against me?
cfortunato :

It does not matter that you owe less than the value of your property. They cannot take anything from you if you own less than $4,000.

cfortunato :

In other words, it does not matter what you owe. What matters is how much you own.

cfortunato :

Yes - you are entitled to at least one continuance.

cfortunato :

Getting a continuance is the only way to delay the judgment.

cfortunato :

Since the original creditor (not a collection agency) is suing you, it is very likely they will be able to provide the information you asked for.

Customer: I can not read anything below where I asked you since they only say I owe them $1500 can't they take that much from me? All I see below that is the reply box? How can I view the rest?
cfortunato :

It does not matter that you owe less than the value of your property. They cannot take anything from you if you own less than $4,000.





12:12 PM



In other words, it does not matter what you owe. What matters is how much you own.






12:12 PM



Yes - you are entitled to at least one continuance.






12:13 PM



Getting a continuance is the only way to delay the judgment.



cfortunato :

Since the original creditor (not a collection agency) is suing you, unfortunately it is very likely they will be able to provide the information you asked for.

cfortunato :

I resent what I wrote. Can you see it now?

Customer: I can see where you have replied but can not see your response or any of my other questions?
cfortunato :

What browser are you using? I sometimes have trouble with Firefox.

cfortunato :

What browser are you using? I often have trouble with Firefox.

Customer: Yes I can see it now Thanks! I honestly have not worked since December 5th when I was in a major explosion, and have sold almost everything I own to survive since then. Is there any way that I can stop them from taking over my bank account? I do not keep money in the account but I do deposit money into the account sometimes just to order things I need off of eBay. How does the bank seizure work? If I deposit $100 into the account and immediately order something from eBay for $98 will that work or do they immediately get any money deposited into my account? Any suggestions for me on what to do or not TP do in court?
Customer: I am not sure what browser I am using bit it is old and slow!
cfortunato :

If they find your account, they can freeze it regardless of how much money is in it. However, it is not a perpetual hold.

cfortunato :

It would be better to not have any money in a bank account, and to buy postal money orders instead.

cfortunato :

Once they get a judgment. You do not have to worry until they get a judgment.

Customer: What can I do to stop them from getting a judgement? And do I have to provide them with my bank account information?
cfortunato :

If you owe the money, it is unfortunately not possible to prevent them from getting a judgment. Yes - after they get a judgment you may have to provide them with your bank account information.

cfortunato :

At some point, you may be able to file a Bankruptcy to have the judgment discharged.

Customer: Would I have to give them my bank account information in court after they got a judgement or later on? Will the judge give me a continuance if the attorney does provide all the information I requested? If so how long should I ask for?
Customer: I would love to file bankruptcy bit can not afford an attorney to do so at this point :( can I file bankruptcy on my own without a lawyer?
cfortunato :

You would have to provide your bank account information after they get a judgment.

cfortunato :

You are entitled to at least one continuance - whether or not the attorney provides the information you requested.

cfortunato :

You and the attorney will be shown the available dates to return to court. The length of time to wait to return depends on how busy the court is, but you can expect to have to wait at least 3 months to go back to court.

Customer: do I need to take my bank account information to court with me?
cfortunato :

No - you will not be asked your bank account information while you are in court.

cfortunato :

Instead of paying a Bankruptcy attorney $1500 to fill out and file the papers, you can pay a Bankruptcy preparer $200 to fill out the papers, and then you can file them yourself.

Customer: You have been very helpful and I really appreciate your time Chris! Any last suggestions for me before I give you an excellent rating?
cfortunato :

You're welcome! I think that is it - I can't think of anything else. However, I just want to impress upon you the fact that you really have nothing to worry about, since you own nothing of value. And you should not be fretting about the fact that they will be able to get a judgment, as there is currently nothing they can do with the judgment. And once you get back on your feet, you can at that time consider filing a Bankruptcy.

cfortunato :

Thank you in advance for providing an excellent rating.

cfortunato :

And please have a pleasant day!

Customer: Thanks again for the help buddy! God Bess ya, Roger
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you

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