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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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My friend who is so poor she goes to the food bank in Elizabeth

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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, [email protected]
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 4 years 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..

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 4 years 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?

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.
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Customer: replied 4 years 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



That seems reasonable to me, especially if she can make payments. Many attorneys want up front money.