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A judgement of $199k was ordered against me. I cannot pay and now I was summons to court again. what do I do.

Waltham, MA |

Home foreclosed, this was the equity line. I am unemployed and have no assets to offer

Attorney Answers 5


Now might be a good time to consult with a local bankruptcy attorney. Most offer free consultations and a bankruptcy would wipe out the judgment. You can plan the perfect time to file with your attorney so you can wipe out old debts and get back on your feet at the same time. Hope this helps and best of luck!

The information provided in this post is not "legal advice." Rather it is general information on common legal issues. If you have questions concerning your specific situation, it is always best to consult an attorney in your area.

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7 lawyers agree


Bankruptcy might be the only way to be able to obtain a fresh start. The process probably is not as bad as you might think. Hope this perspective helps!

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4 lawyers agree


I agree with my colleagues' advice. It sounds like bankruptcy may be your only way to a fresh start.

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Were you summonsed to court for the same debt as the judgment? If the equity line of credit company obtained the judgment and is now taking you to court again they may be trying to enforce the judgment. You should make sure that you appear in court for the hearing date. You can explain to the judge that you have no wages for them to garnish, and you have no other assets for them to take but you want to make sure you are there to tell the judge.

If it's a different lawsuit for a different debt, you should file an answer to the complaint and make sure you appear in court for any hearing or trial date -- otherwise the creditor can win a default judgment against you because you never showed up. You may want to speak with an attorney about what protections bankruptcy could give you, or if you have any other defenses to these collection suits.

The above is general analysis, not legal advice. For specific legal advice on your particular situation, you should contact a qualified attorney who is licensed to practice in your state.

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You had better be able to show that you were not able to pay anything.

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