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Discuss the legalities of Bankruptcy Law


Postby jolie » Wed Oct 22, 2014 11:03 pm

i got a summons on a discover card debt,$8900 and have 20 days to serve an answer to the complaint. what should i do i am broke and can only afford $60 a month, and hope nothing breaks down.

ANSWER: They don't care whether you can afford only $60 a month. They will grab any money you have in bank account then move to garnishment and take 25% of your wages. You need to take steps to protect yourself against garnishment of wages and you need to get your money out of any bank accounts now.

---------- FOLLOW-UP ----------

do i respond to the summons? and how long does it take be fore they take any money i have in my account? what steps should i take?
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Postby Brendis » Tue Oct 28, 2014 10:56 pm

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Yes, you do need to respond to the summons in writing. That can be fairly easy or it can be extremely tricky. For instance, I have 2 cases I am working with just today. They are both from the same credit card company and both for the same amount. The person has not been served as of yet on the first case but has been served on the second case. She is out of time to demand validation on the first case but not on the second so we sent demand for validation on the second case and will respond to the complaint about 7 days prior to the time that must be done. Once the response to the second case has been entered and received by the lawyer we will file the same response on the first case whether the person has been served or not. Any way it goes we will be filing motion for summary judgment at the same time we file response. If the lawyer objects to motion for summary judgment in the second case we will take him to federal court for violation of FDCPA. If he dismisses either one(or both) we will sue for filing a frivolous lawsuit against the person. Now then what do you need to do?

You need to respond to the summons. How long does it take before they start grabbing money from any bank accounts? No way to know that so you need to get any money you have out of there now. If they do try to freeze your account and find out that you took money out just before they garnished they can take you to court for trying to defraud your creditors. So do it now so they can't jump to that conclusion. What do you need to do to keep them from garnishing wages? I'd contact the folks at Toxic Assets and get them to help you with that.(302)200-3102. They can get the job done for you.
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