I received a Complaint from a debt collector. It has been filed. I read the instructions on how to answer & unfortunately, I have no affirmitive defence. I cannot file a BK until December.
My life went sideways and I am no longer able to make payments & I have only a SSDI income.
Do I just answer I agree & see what happens? I dont want to ignore the Complaint.
Go see the bankruptcy attorney now. No one here can tell you how to answer a complaint. Sometimes an answer is the last thing you want to file, you may want to challenge jurisdiction, file a motion for more definite statement, and so on. This requires a knowledge of the civil rules which apply to this lawsuit, as well as the rules of evidence which apply. Seeing the attorney can give you an idea of whether it's worth your time to fight it, or if you should plan now, so that when December rolls around, you are ready to file on day one. You can find a consumer attorney in your area on AVVO.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
You should retain an Avvo attorney in the Boise area. In my office I routinely help my clients to answer complaints in order to delay the final judgement so we can prepare for the bankruptcy filing.
Consult an attorney. You might have affirmative defenses or procedural methods available to defend or at least delay having a judgment entered against you. The instructions from the court on answering a complaint are far from comprehensive. A good attorney can review your situation in far more detail.
I don't disagree about consulting an attorney, but if your only income is SSI, I don't think that the judgment creditor can garnish your income or a bank account that only has SSI deposited to it. If you don't have much in the way of assets, it may not be worth your time and money to file bankruptcy.
You may consider calling the lawyer and explaining the situation to him or her.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline