Guyton, GA Bankruptcy Law Firms & Lawyers

You and your sister can continue to own and keep the house so long as the mortgage payments are current. If you have equity in the house you must be able to exempt your equity. Otherwise, the trustee can sell the house to pay your creditors with your share of the unexempt equity. Your sister would get her share of the proceeds of the sale and your share will go to the trustee less the amount you were able to exempt (which will be paid to you). If you do have equity, make sure you consult with a lawyer before filing a bankruptcy case.

Sorry the pro bono attorney didn't want to take the time. The summons is to show that you got notice. You might bring up the improper service then, if the judge will hear it. They'll ask you to fill out a Homestead Deed to save items from being sold. In VA you're allowed $6,000 equity in a car, $5,000 equity in your home (or any other property if there's no equity there), $5,000 in your furniture, and your wedding and engagement rings. IRAs, 401(k)s, etc. are also safe. Keep whatever you fill out. Most likely they'll freeze your checking account, even though it's joint, so you might want to keep money out of there. Yes, you can file bankruptcy later, but sooner is better to keep them from getting money or property.

Difficult to say without reading the contract, but if it required both to sign, then there is no contract and you should be able to get your money back. Son long as no one drove off with the car.