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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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im going to small claims court on Thursday because a vet is

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im going to small claims court on Thursday because a vet is suing me for a $4500 bill that I could not afford to pay. I sent a letter to the lawyer telling him that I am on Disability for being bipolar and I have no other income and im also in the middle of filing chapter 7 bankruptcy. he called me and said if I want to avoid court I have to agree to a payment plan. Can a judge still order me to pay the entire $4500 and if I cant will I go to jail
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Unfortunately not being able to pay a debt is not a legal defense to a lawsuit for a valid debt, however the judge can issue a judgment for the full amount of the debt, plus any court costs and/or attorney's fees (in the court's discretion), but if the judgment is issued and you are unable to make payment it would not subject you to any type of jail time, but the judgment creditor will be able to seize your assets, if you have any, however your SSI check would not be subject to garnishment under the current federal law.

Also, even if the judgment is issued by the court against you, such judgment can be discharged in a chapter 7 bankruptcy.

I wish you the best of luck!
Customer: replied 3 years ago.

the only asset is a 2001 buick lesabre with 140,000 miles that I paid $4000 for last year. I guess they can demand the Kelly blue book value. is that true?

Thank you for your follow up.

Your personal vehicle can be subject to levy and seizure in order to execute and satisfy a judgment.

I wish you the best of luck!
Customer: replied 3 years ago.

if the car is not registered in my name can they still take it

Generally, the car can only be seized if it is titled in your name.

I wish you the best of luck!
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