Looks like I will go to court Feb 3/10 in spite of my being with no assets or employment at 63. I'm not sure of how it works in procedure, I will go to some courts next wk to see how they do it. No attorney of course, can't afford it, Cap1 offered some helpful tips before, but for now I'm on my own and wonder about how to answer questions. Do I get to ask them questions, namely to provide evidence of their owning the credit card balance? any tips will help.
I would suggest getting a lawyer. I went to court on the 15th and saw one woman trying to file bankruptcy on her own without a lawyer. The judge strongly advised her to hire an attorney. Without a lawyer, she was going to lose a lot of land she owned.
Wish I could get a lawyer but don't have the money, and have really nothing to lose, just have 3 pensions that amount to $1200 and I have read they can't access pensions. I have another separate account for any income I get which is usually less than $1000 annually.
They can't get blood from a rock. If you go to court or stay home won't prevent them from getting a judgment against you.However collecting on a judgment is another story.If you have no non exempt assets or income,their wasting their time trying to collect.Your 63 your credit is shot and will take a long time before it gets better.Unless you hit the lottery i would not lose sleep over this bump in your journey trough life.
This is a good idea, did you do it? You need to sit in a lot to really get a feel. You'll surely see that most people have no plan and if they show up mostly focus on explaining their problems. This is sad, of course, but utterly irrelevant. If you want to win the battle, not the war, that's too much to ask for probably right now, you'll want to not just show up, you'll want to get your written materials into the court and served to the plaintiff. Is this summary judgment? If you answered, that's usually how it will go. If you just show up, you'll watch yourself lose. You need to provide written materials. Is this a JDB? You bet you should demand proof that they own the debt. But in summary judgment, you do that in WRITTEN form. You provide affidavits and legal arguments. If you don't do this, the court should treat you like you have no defense. So that means you lose. If the judge is nice enough to let you speak, you're lucky. But Dumb Bob wouldn't be happy just being allowed to speak. He wants to win. Always.
what happens if you go to court,they will probably get a judgment. what happens if you don,t go to court ,they probably will get a judgment.what do you have that they can lien, repose,garnish,take.is your retirement and ss exempt,probably.at 63 i doubt that you will ever use credit again. (in my mind no one can afford what credit cost these days) if it were me i would not care if they got a judgment or not.the worst person to deal with is one who has nothing to lose.
Let's say you win at court and no judgment is granted.Will it improve your credit?Do you intend to buy a house or apply for credit in the near future?Banks are cutting credit lines on people who have good credit.It takes a long time to improve your credit.Is this the only credit card you are in default on?
