How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
3396227
Type Your Legal Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

My friend who is so poor she goes to the food bank in Elizabeth

Customer Question

My friend who is so poor she goes to the food bank in Elizabeth City, NC just received suit
papers for unpaid credit card debt. With no computer, I am attempting to help her. My questions:
Can she get a pro-bono atty?
How can she delay the court date until she files bankruptcy. She has a court date 9
days from now. Her husband is on 100% disability and is very ill. His disability income is only 1,500 a month. She has no income at present and really must be available for him most of the time. Their credit card liability is approximately $70,000, mostly from a small business failure. I help her all I can with food and anything else but I cannot help her with this. Can you give me some information? They own a house that has dropped in value so much they cannot get a 2nd on it and have two old paid up cars. Thank you, XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Legal
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - If she has no assets and has no income from employment then there's nothing the creditor can do except obtain a judgment in the court. If she has no assets then there's nothing to collect and it would be a waste of time to do anything with this lawsuit. It's not a crime to ow money and if she doesn't go to court all that will happen is a judgment will be granted. Whenever she is able to file bankruptcy the debt will be discharged and delaying the court date isn't going to matter. So all she needs to do is save up as much money as she can and use it for the bankruptcy. Pro bono lawyers typically will not get involved in cases like this since there's nothing they can do about the debt and the person has nothing to lose if there is a judgment taken.
Customer: replied 1 year ago.

I am pretty sure a judgement will result in the loss of her driving privileges


At least it used to. Please check on this..

Expert:  Dave Kennett replied 1 year ago.
Is this suit related to an auto accident, child support or some other type of situation involving the operation of a motor vehicle?
Customer: replied 1 year ago.

No. How much does a bankruptcy or cost in relation to the amount of debt owed or does that have anything to do with it. Do the number of credit cards count fee wise?

Expert:  Dave Kennett replied 1 year ago.
Different lawyers charge different rates and it always depends on how many creditors are e=involved and if the person has a lot of assets to protect. Based on your facts I doubt this would be a complicated bankruptcy if your friend doesn't own real estate or have a lot of assets and most of the debt is limited to things like credit cards which can easily be discharged. I cannot give you an estimate of what an attorney would charge in your area but you can contact the local Bar Association for a referral to local bankruptcy lawyers and obtain a few estimates. I see no reason this type of debt would have any effect on her drivers license as that is limited to things like uninsured motorists and delinquent child support and not just regular household debts.
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I found a lawyer for her in Elizabeth City who charges nothing for the first


session and then lets her make small payments until she has amassed


$2,500. That covers all fees court costs etc. Does that seem like a huge


amount?


 

Expert:  Dave Kennett replied 1 year ago.
That seems reasonable to me, especially if she can make payments. Many attorneys want up front money.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.