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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118253
Experience:  Attorney experienced in commercial litigation.
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I live in Mississippi. I have recieved a Motion for Summary

Customer Question

I live in Mississippi. I have recieved a Motion for Summary judgement from Discover for $16,000.00. I cannot pay this. I have had 5 surgeries in the past 4 years to save my sight so I became unable to pay. My husband is 67 and I am 63. My husband is nowhere on this card and had no knowledge of this card . We have a joint checking account with maybe 1500 average, we own our home worth about 70000, and some land which my mother in law holds and life estate so not sure of the value. But my husband uses this when he farms. Other than that I own a 2005 Susuki worth about 1900.00. I work as a teachers assistant and make 13000.00 a year. My husband's business has two old trucks, an a trailer with some tools. I have offered a settlement of a lump payment of 2500 which my daughter offered to loan me and she said she would help me pay 400.00 a month for a year. I also have a question about about how I was served in which a school resource officer served me at school during school hours knocked on the door while was monitoring a state wide test and the papers had a copy of my credit card bill that was stapled to it and central office saw it.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that at this point you really have very few options. Legally, you are what appear to be "judgment proof" meaning that you have no property they really can take from you and your home is protected by the up to $75,000 homestead exemption in MS. If you owe the money and they get a judgment, then they will try to attach your property and you would file for exemptions based on the homestead and your pensions, which are exempt from seizure. However, if you are employed they can garnish up to 25% of your pay.
Really the only option (other than paying, which you cannot do you say) is that you can consider filing bankruptcy, which would eliminate this debt and any other unsecured debts.
As far as service, they can legally serve a party anywhere they are found. So if they serve you at work through the employer that is not illegal service. As far as anyone seeing the service, even with the attachment, anything filed in court is a public record so anyone can go to court and see that same information and as such there is no expectation of privacy in that information.
Customer: replied 11 months ago.
do I need to show up for the hearing or just submit my exceptions
Expert:  Law Educator, Esq. replied 11 months ago.

If you object to the summary judgment you need to file an objection with your legal reasons why it should not be granted. If you do not show up, then the court will enter judgment against you and then you wait to submit objections until the plaintiff seeks to collect the judgment.

If you are going to file bankruptcy, I suggest you do not show up but go to a local bankruptcy attorney and file bankruptcy as soon as you can.