Tuesday, March 3, 2015

Ive received papers from Magistrate court from 1 creditor and do not have monies or job. I have my name on a property deed and two auto titl...

Question

Ive received papers from Magistrate court from 1 creditor and do not have monies or job. I have my name on a property deed and two auto titles with others who are listed also but not responsible for my debt. What can I do to resolve? What can actually be the worst scenario outcome?



Answer

If you have been sued in Magistrate Court, it is important that a written answer to the lawsuit is filed within 30 days of receiving it. Otherwise, the creditor received a judgment against you automatically. If this happens, or if you go to court and lose the case, a judgment will attach to any property you own. While the normal course for a creditor it to try and garnish your wages or bank account, they could levy against cars or property, and even take the property if there are no other liens or debts on the property. You may want to consider looking into bankruptcy to protect the property and eliminate the debt.



Answer

Since when they win they will have liens on your property, you need to see a lawyer immediately. You may have valid defenses that will be waived if not asserted in the next 30 days. You may have a need to file bankruptcy to get rid of the debt (depending on the value of the assets. And note that when they do win a suit, they can do a garnishment when you do work years later. They can also go after your bank accounts.



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