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Bankruptcy, before or after small claims date?

Brockton, MA |

a friend opened a cc and bought me items. he then gave me a card in my name as an add on though i signed nothing and did not ask for it. i charged a few things and i wanted to pay for them, so i did. now he is an ex friend and has filed a court date of 11/14 to have me pay for everything, his things included. should i file bankruptcy now or wait to see if a judge decides i owe anything>

This is the only debt I could theorectically have if the judge decides I owe anything to my ex friend

Attorney Answers 6

Posted

I see from the comments youa retiree. Hence, I have three suggestions. First, bring proof of payment through withdrawels from the bank or checks to court to show you paid him. Second, check if you are judgment proof- many people income and expenses are protected under state law and do not need bankruptcy if they do not mind going to court to show that all assets and income is protected. Finally, out of pocket expense of filing bankruptcy is about four hundred dollars not to mention the cost of a lawyer and lost credit. Hence, settlement may make more sense than just filing bankruptcy.

Good luck

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Philip W. Mason

Philip W. Mason

Posted

Great advise

Asker

Posted

Thank you!!! Yes, I have a Retirement pension as my only income, so it looks like I am judgement proof. I will bring this letter and my income proof to the court

Herbert Weinberg

Herbert Weinberg

Posted

Do not bring my email to court. It means nothing in court. Also being judgment proof does not mean he can not get a judgment, just he can not collect. He can make you show up incourt every six months and ask very intrusive questions about your finances and the court will force you to answer any questions he has about your finances and give him copies of any documents he wants including all your bank statement, tax returns and credit card statements and that is just for starters. If you have proof of payment, bring it. You should absolutely tell the truth but you should the most common defense of a lair is that he paid but does not have any proof.

Herbert Weinberg

Herbert Weinberg

Posted

Do not bring my email to court. It means nothing in court. Also being judgment proof does not mean he can not get a judgment, just he can not collect. He can make you show up incourt every six months and ask very intrusive questions about your finances and the court will force you to answer any questions he has about your finances and give him copies of any documents he wants including all your bank statement, tax returns and credit card statements and that is just for starters. If you have proof of payment, bring it. You should absolutely tell the truth but you should the most common defense of a lair is that he paid but does not have any proof.

Asker

Posted

I didn't mean I was taking your reply to court, I meant I would bring my retirement pension letter to court,my title for the '99 Saturn I own, and a copy of my bank staement which is only open for my check deposit. I have no other income nor bank accounts nor assets.

Asker

Posted

The letter I meant is the sample "judgement proof" letter stating I have just a retirement pension for income and no assests, and of course cancelled checks of payment Sorry to be confusing

Marina R. Matuzek

Marina R. Matuzek

Posted

I would agree you should just take in proof of retirement income, and your cancelled checks indicating that you paid for what you bought. It sounds like this could very well go your way and not have to invovle a bankruptcy.

Posted

Do you have other debts in addition to this one? Without knowing the big picture it is impossible to know how to answer your question. You should consider consulting with a bankruptcy attorney who will spend a little time evaluating your situation and be able to better advise you

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Asker

Posted

No, just this one and it is for $3000.

Deborah F Bowinski

Deborah F Bowinski

Posted

It hardly seems worth filing bankruptcy and having that on your credit report for such a relatively small amount. Even if the judge rules against you I'm not sure I would recommend a bankruptcy filing.

Asker

Posted

I am retired, and can not afford to pay the debt off with $3000,which is a lot of money to me.

Asker

Posted

thank you for replying :)

Posted

Sounds as if there is a chance the court will decide in your favor and if it does there may be no need for bankruptcy.

These are general thoughts - they not intended as legal advice - so you need and should contact an Attorney for actual advice on this situation.

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Posted

Considering that your debt load is relatively small, and given that there's a probability the court will rule you don't owe this or any other money, I'd wait to find out what happens. You can always file bankruptcy later.

This answer does not create an attorney-client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.

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Posted

Attorneys need facts, fully detailed circumstances, before they can leap to conclusions. The couple of sentences posted here may well indicate that you have no obligation whatsoever and it is pointless to consider a bankruptcy. But, if there are facts beyond the summary then things might go differently.

Bear in mind that you can not get legal advice from a computer website. This is a very good informational and marketing website. But you can not get actual legal advice.

Here is a general article - linked below - on "Bankruptcy Basics".

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Asker

Posted

I was worried for nothing. The person never showed up for the Small claims Ct case and it got dismissed as I was the only one who did show up

Posted

Unless, you have a private agreement with your boyfriend, outside of the agreement between him and the credit card company, I doubt it; because, if your boyfriend opened the account, he is the primary debt holder. you as the secondary are responsible for your debts, but even if you had not paid them, he would still be responsible for all debts. Get all your canceled checks to show that you paid for the items you purchased. Get also the statements that were sent to you directly. Show them to the judge. No need to jump the gun!!! Best of luck.

This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Accidentes, y Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Soy licenciado solo en el Estado de California.

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Asker

Posted

Thanks, friend and I had no agreement, and no statements were ever sent to me. Friend would bring me the top part of the bill that gets mailed in with the payment on it. That is the only time or portion of any bill I ever saw. When I would ask for the entire bill he would tell me it didn't matter. The only reason I paid was because I wanted to pay what I accrued, he and I have no agreement and I have nothing with the CC company

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Ok. Then. Just tell the judge that!!

Asker

Posted

Thank you!

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