Winder, GA Bankruptcy Law Firms & Lawyers

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.

If you got your bankruptcy discharge, after the house is foreclosed on you will not be responsible for the balance on the mortgage. And, you cannot reaffirm a mortgage in Chapter 7 anyway.

Unfortunately, the creditor can come after you for the full amount of the loan if she does not pay. They can sue either or both of you for the debt, and yes they can garnish your wages or freeze your bank account if they get a judgment against you. You can sue the person for the amount owed, but if she files for bankruptcy, you will just become another one of her creditors whose debt is discharged. You should consult with an attorney to help you arrange a settlement of the account.