Martinez, CA Bankruptcy Law Firms & Lawyers

You should answer unless you are soon going to be filing a bankruptcy case. If you do no answer within 30 days of being served a judgment by default will be issued by the court and the creditor will be able to garnish your wages, levy your bank account, force you to go to court to answer questions about your assets and income and take records with you, file a lien against any real property you own and even sell your property depending on the amount involved. You will also have a judgment in your credit report that will affect your ability to obtain credit in the future. Generally you do should have lawyer but if you cannot afford one then you should do your homework and learn how to prepare and file your answer to complaint and how to handle the case without a lawyer. How much it will cost to hire a lawyer depends on the lawyer and many other factors but it is unlikely to cost less than $1,000 and probably more like $1,500 to $2,000, plus you will have to pay a court filing fee for the answer to the complaint unless you can qualify for a waiver of fee because of low income. You can also try to settle the case if you can afford to pay something even if in payments. You should explore the possibility of bankruptcy depending on other debt you might have and depending on your income and property you might own in which you have equity.

You can provide for payment of the child support through a chapter 13 plan. However, you will have to pay 100% of the claim within the five year limit. The car title loans must also be paid as they are secured by your car. You can discharge the pay day loans.

Motions to avoid judicial liens are brought under 11 U.S.C. Section 522(f) of the bankruptcy code. If your motion is granted, then the creditor is permanently barred from putting that lien back on your home. You should have expert bankruptcy counsel assist you in the analysis and preparation of the motion. For a free consultation, call me.