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We have lost our home to a short sale and are unable to pay…

We have lost our...

We have lost our home to a short sale and are unable to pay Capital One $5,900.00. They are taking us to court. What happens if we do not reply and they automatically win??

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

We live in Medford Oregon

Lawyer's Assistant: What steps have you taken so far?

We just got the notice today and have 30 days to respond. So nothing has been done - looking for options.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are a few other creditors so this is our first court appearance. We are a retired couple - 71 and 73. Wife has gone to work part time to help with expenses - husband is 100% disabled Viet Nam veteran and cannot work. We just do not have the $$ to pay.

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Answered in 11 minutes by:
3/15/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,367
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Customer reply replied 4 months ago
An added note - we are paying Barclays $25.00 per month per their request as an act of good faith for when and if we get in a better position. But Capital One has assessed so many fees that they make it impossible to try.

Your Question:

We have lost our home to a short sale and are unable to pay Capital One $5,900.00. They are taking us to court. What happens if we do not reply and they automatically win??

Response: They can then apply for wage garnishment of wife's part-time wage. However, they are only limited to 25% of her disposable income. Husband's VA and disability benefits cannot be garnished. Social Security benefits cannot be garnished. More importantly, you MUST NEVER agree to use your exempt benefits to make installment payments on the debt.

If you have other debts, you may consider filing for Chapter 7 bankruptcy protection to wipe out the debt. You can get bankruptcy document preparers to assist you with the case at relatively low fee. Also, most bankruptcy Courts have pro se clinics that assist debtors who not have Attorneys to file for bankruptcy relief.

If you cannot afford the filing fee of $335.00, you can request for a fee waiver.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 4 months ago
Can they clean out our checking account as well. Not much in there, but can they get to it. Should I close the account. And should I negotiate a settlement amount with them and a monthly payment plan?
Customer reply replied 4 months ago
One more thing - if we file for bankruptcy it will be our second time. Can we do that?

When did you last file for bankruptcy?

How much is in your checking account?

Do the checking account mainly has funds from your VA and Social Security benefits?

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Customer reply replied 4 months ago
Checking account only has our rent payment in it ($1,250) and yes we have direct deposit from va and ss. Last date filed bankrupcy was approximately 12 to 15 years ago. We paid as agreed in the court system and ware legally discharged

Thank you for the information.

Kindly give me a few minutes to prepare my response.

Thank you!

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Your checking account with your exempt funds cannot be seized. If seized, you would immediately file Motion with the Court for release of the levy because the account has exempt funds from VA and SS.

You can file another Chapter 7 bankruptcy since it has been 8 years after the previous one. Generally, you can file for a Chapter 7 bankruptcy relief every eight years of getting a discharge from the previous Chapter 7 filing. See 11 U.S.C. Section 109(g); Section 349(a); Sections 727(a)(8), 727(a)(2), and 727(a)(11). You can file for a Chapter 13 bankruptcy relief after four years of getting a discharge from a previous Chapter 7 filing or two years after a previous Chapter 13 bankruptcy discharge. See 11 U.S.C. Section 1328(f).

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Customer reply replied 4 months ago
One more question - what is the difference between Chapter 13 and Chapter 7 -I think that is the way to go. You have been a great help and I will definitely rate you five star.

Chapter 13 is wage owner's plan where you make a plan for three to five years to pay off the debts.

Chapter 7 is a straight bankruptcy. You do not make up payment plan to pay off the debts because you cannot afford a payment plan. Your debts would be wiped out. Based on the information that you have provided here, Chapter 7 is the way for you to go.

Best wishes,

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,367
Experience: B.A.; M.B.A.; J.D.
Verified
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