Bankruptcy lawyer near me, you can get a free bankruptcy case evaluation from a local lawyer.
You could stop creditor harassment,repossessions,foreclosures,wage garnishments and keep your house,vehicle,wages and furniture.
What are my best alternatives if a bank has filed a $5000 lawsuit against me?
I don’t have much money, if any at all. I’d be able to come up with around $900… I’ve been living on credit since Covid arrived, and I recently lost my job. I don’t own my home; instead, I pay my folks rent. I don’t have a job and I’m not on unemployment. I honestly don’t think I could afford an attorney. I received notice in the mail that a money-due complaint had recently been filed, and that someone is willing to protect me under Title 11… Isn’t that insolvency? Of course, the law firm mentioned a free consultation with no obligations or fees. It appears to be twisted in such a way that fees will be included following the free consultation.
Is there anything else I can do?
First and foremost, yes, bankruptcy is covered in Title 11 of the United States Code. However, practically every law company will provide a free consultation, so this is nothing out of the ordinary. Based on what you’ve said, it appears that you don’t have any assets that a creditor may seize. If this is the case, even if someone obtains a judgment against you, they will only receive an unsecured claim. If you don’t have anything that a creditor can take, their judgment is only worth the paper it’s written on.
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It’s not necessarily a bad idea to consult with an attorney to confirm that any assets you have are exempt. If you are still living off credit cards, you should know that they’ll all be closed if you do file for bankruptcy. You may wish to consider filing for bankruptcy if you have a job on the horizon. I say this because depending on the amount of debt you’ve likely accumulated living off of credit, you may not make enough money at your new job to service the debt. But that really depends on what your employment prospects are – timing and type of work.
So I’m perplexed. You claim that lawyers in your community provide you with a free consultation but then complain that, despite the fact that you owe them nothing for the free information provided during the session, you will have to pay them to work for you. In what universe do you live where someone assists you for free and then expects you to pay them if you decide you want them to do work for you? Lawyers that give free consultations are not wealthy individuals who help the poor get something for nothing. They are working people with staff to pay and families to support who offer you the opportunity to understand how they may assist you. Expecting a handout from the legal community would be a waste of both your and the lawyer’s time.
You have two options: either react to the case in accordance with local court procedures. In most cases, you will merely postpone the lawsuit’s consequences. You can also do nothing, let the court rule in favor of the bank, and then wait to see how they try to collect from you. Unless you have a job or a large bank account, the bank is unlikely to be able to collect this debt until your circumstances change.
When your circumstances change, it is likely that a lawyer will be able to assist you. But not for nothing. I hope this perspective is useful!
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If you have no assets to defend and no wages to garnish, and they sue you, they will receive nothing. However, you may be required to continue appearing in debtor’s court on the lawsuit until you figure things out. Why don’t your parents assist you? Are you receiving unemployment benefits? There are numerous open positions available. Have you applied for ten or more jobs per week?
You should check to see whether your area has any Law School-Sponsored Legal Clinics (usually 2nd and 3rd-year law students overseen by a licensed lawyer) that offer destitute debtors with legal representation in Bankruptcy Court. You might also contact one of the local Bar Associations to check if any of its members supply pro bono” (free) legal services. The Bankruptcy Court may be able to waive the $338 filing charge, but you will need to complete a financial statement establishing your indigency and submit it to the Court along with a Motion to Waive Filing Fee.
You appear to be able to file Chapter 7, but should you? Do you have a high chance of getting a job? Will you be able to pay off the debt? The issue with bankruptcy is that $5,000 is a small amount to file on. You are only eligible for one discharge per eight years. Bankruptcy also harms your credit and may preclude you from working in some industries such as banking, insurance, or finance. If it is your only debt, you may want to postpone filing. It’s usually a good idea to have a couple of bankruptcy consultations. Then, contact your local credit counseling service and speak with them as well.
$5000 may seem like a lot or it may not. However, if no settlement is reached, which you should do first, a judgment will be recorded, which will earn interest for however many years OH allows, as each state has its own laws governing how long judgements are enforceable. It is now possible to discuss the first conference with the majority of bankruptcy attorneys. Call and talk about it…free, it’s and then you can make a decision. However, check whether a settlement is an option. Maybe they’d settle for $500, which you could get and use to pay back the source, saving you $4500. However, keep an eye out for any “written off” debt that may represent phantom taxable income to the IRS.
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Your inquiry shows that you have not contacted and spoken with an experienced bankruptcy attorney in your area, since you would or should know the answer to the query asked on AVVO. Other facts and issues can have a significant impact on your case, so I’ll point these out for you next so you know you just need to do one thing now: contact a bankruptcy attorney near you to explore your options. You, too, require and desire a fresh start. But the most crucial thing is to consult with an attorney, which you haven’t done if you’re asking this question.
You are concerned with two objectives: preserving everything in which you have equity and paying off all of your debts. If you don’t have any of the exceptions to discharge, you’ll get that aim; most exclusions are stated out in 11 USC. 523 (Google it), such as child support, some income taxes, traffic (in a chapter 7) and criminal fines, and student loan assumption. However, some debts are dischargeable in a Chapter 13 but NOT in a Chapter 7, so make sure, and your attorney will discuss any such sorts with you as well!
Your exemptions are determined by the state in which you have resided in the previous two years; hence, if you dwell in your state, your state’s exemptions will apply. Most people who file for bankruptcy maintain everything they possess, but your attorney will confirm this with you after they learn what you own and the equity in it!
Some secured debts, like as homes, vehicles, and other secured debts, will be discussed with an attorney as you must list any debts; however, this does not imply you will lose them unless you have too much equity in them or are in default on paying for them! Discuss such possibilities with your attorney as well, if they apply.
However, other concerns may occur that will jeopardize your case. For example, if you gave back a relative $3,000 11 months ago and suddenly file bankruptcy next week, the trustee can SUE that relative to recover the $3,000 for the benefit of the bankruptcy estate (under what is known as a preference). As a result, most attorneys do not charge for the first meeting, so meet with one regardless.