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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have been trying to file a bankruptcy but cannot get enough

Resolved Question:

I have been trying to file a bankruptcy but cannot get enough money together to do that even. I have some old debts and they have filed against me and asked for a default judgement set for Tuesday. I was just served today. I don't know what to do Should I just go to the hearing and ask for payments?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 2 years ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : if you have not filed a response to the lawsuit, then you would technically be in default, but it would still be best to appear and ask the court to give you time to file an answer and prevent a default from occurring.
Roger : If you're eventually going to file bankruptcy, it may not make any difference because you can have the debt discharged through your bankruptcy.
Customer: replied 2 years ago.
I don't know what to do on Tuesday since I just found out they want a default judgement and I can't file bankruptcy until my mortgage is caught up
Expert:  Roger replied 2 years ago.
The only thing you really can so is ask for additional to file a response. If the court would grant that, you'd have some additional time to get your other affairs straight.
Customer: replied 2 years ago.
Does default judgment mean that they can garnish me right now? Or can I request tha payments be set up?
Expert:  Roger replied 2 years ago.
Yes, the creditor can begin a garnishment action against you as soon as a judgment is received.

IT is also possible to enter into an agreement with the creditor, but that's up to the creditor.
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