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I must report to court 3-29-2018 for a judgement of debt. I…

I must report to...

I must report to court 3-29-2018 for a judgement of debt. I borrowed from a consumer loan company a number of years ago and paid regularly for a time, renewing several times . At a point I had additional medicine costs and was no longer able to make the payment. I contacted the manager and asked that he allow me to may a smaller amount for a longer period of time but he refused. I asked an attorney to file bankruptsy for me and after some discussion he said they could not collect because the only income I have is from Social Security and I really did not have the costs to file bankruptsy. I sent them a certified mail stating the lawyer's advice and stop paying. The loan has been sold several times so now the Lawyer who is sueing me if not the firm from which I borrowed. What should I do when I appear on Monday at 2PM?

Lawyer's Assistant: What state are you in? And has anything been officially filed?

I am in Virginia and I was served with a summon to appear in court. I am 86 years of age and have a reverse mortgage on my home with an accumulated balance of as much or more than the house is worth. I just had a new metal roof on due to storm damage but Insurance did not cover the entire costs. I keep taxes paid plus maintanence.

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

None

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

I don't believe so

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Answered in 10 minutes by:
3/18/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,806
Experience: Attorney
Verified

Dear Customer,

Thank You for posting your legal question this evening. I'm attorney Bill assisting you today.

If you have received a civil summons to make a court appearance you would need to make an appearance to avoid a default judgment being entered against you.

Enforcement of the judgment may be practically difficult if you are living on social security.

Have you filed an answer to the complaint or do you have a copy of the complaint ?

You could contest the amount tomorrow , agree to payment, or outline your inability to pay.

Filing for bankruptcy is something you can consider at any stage will act to stay any enforcement proceedings on the judgment.

We are here to help so please follow up with me as required.

In return please remember to rate positively before exiting today.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Best

Attorney Bill

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Customer reply replied 5 months ago
I don't feel that you were able to be of much help. I wonder to legal aspects of having offered a smaller payment . I also do not owe any money to the Law Firm which filed the judgement. They state that the total was charged off by the original company. Are either of these facts beneficial to me?

Offering a lesser sum is an offer to settle a civil claim, were they to accept your offer then they would need to drop the civil suit; they aren't obliged to settle a civil dispute for a lesser amount.

If you have a copy of the complaint I will be able to offer more information.

We are here to help so please follow up with me as required.

In return please remember to rate positively before exiting today.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,806
Experience: Attorney
Verified
Bill Attorney and 87 other Legal Specialists are ready to help you
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Customer reply replied 5 months ago
I don't feel that this has been of much help. I wonder if my having offered to make a payment of $200. instead of $263. and he refused, plus the forms show that the company from which I borrowed had charged the account off. The firm filling the judgement is not one I owe money. Will any of this be of help to me?

You can challenge the amount claimed by making an appearance and contesting the amount.

If judgment has already been given you can appeal if the amount filed was misstated.

As I indicated a plaintiff isn't obliged to settle for a lesser sum than the amount filed in the suit so you would need to contest the amount claimed.

Best

Attorney Bill

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