Expert: Michael Brotherton - 8/14/2007

Question
I live in Florida, and I was served on 8/8/07 a Summons/Notice to Appear for pretrial conference due to a non-payment of an old credit card acct. (Chase Man.)I failed to make payments on for $5000. I have to appear in court on the 29th. This is the first time I have ever been sued. Can you tell me if I need an attorney to represent me. If so, how can someone w/no money for an attorney obtain one? Will I be place on the spotlight to pour out my hardship story in court? or will I be asked to come to a settlement amount to pay off the creditor? Will my employer be asked to garnish my wages? I truly have no money to neither to pay an atty. or the creditor. I feel like I'm running out of time. What happens if I don't show up? Is it too late to file for bankruptcy after receiving this summons? Can I file bankruptcy on my own? Please help.


Answer
In most states if you fail to appear and defend yourself the creditor may obtain a judgment, however I believe in Florida they cannot garnish your check if you make less than $500 per week.

The fact is you cannot pay what you don't have. They may get a judgment but not be able to go much further. They potentially could attach a checking or savings account or place a lien against real estate if you own property. This does not mean they will take your home only that if you sell the home the lien must be paid (or settled).

You might want to contact legal aid or call a couple of attorneys in your area for legal advice but you may also attempt to defend yourself against this action. At least you may be able to dispute the amount owed (accrued interest and fees, etc.). If you have any resources you may ask them to accept a lump sum settlement. If not, protect your home, paycheck and your job if they attempt to pursue attachments.

It is not too late to file BK but you may not have to. If you have nothing to attach you may be untouchable from a collection standpoint.

Don't panic, things may not be as bad as they seem. You have rights under the Fair Debt Collection Practices act. For a copy of the law go to www.financialemergency.com or call my office at 877 270 8204.

"Fear not..."