I bought my home in 2006 and put down $ 100k, yes its 20% down for a $ 500k house. I have put in another $ 50k in upgrades and remodel. Fast forward to 2009, laid off, no income I resort to using my credit card to pay my mortgage while my house was being listed by my realtor. 6 months went by, then a year, the house remained unsold. I’m up to my limit in credit card debt, thinking to sell the house for $ 350k, which will give me approx. $ 50k to pay my credit cards. Year and a half later, house is in foreclosure; credit card at max limit. No job, no car (sold it to pay credit card debt), ..and now living like a deadbeat.

Credit card companies still call and say "hello". Same story told to them over and over, no income, no job, no money etc. They "understand". Then they sell the debt to collection agency, same thing again. I told them my story..and they don’t care. "When are you gona pay?" I say with what? I can sell my t-shirt and underwear, but that might be worth 25 cents. What good will it do? So now, they are suing me in court. Went there and told the same story…judgment for the plaintiff. Okay, now they want to garnish my wage…but I don’t got no job. They want to freeze my bank acct…I have none. They want to..probably kick my ass..that they can definitely do..but that would hurt them, because if I get hurt and sue, they probably owe me money.

So here is my dilema, should I file Bankruptcy ..as there are other creditor waiting in line to sue me. Or should I go to court and and plea guilty but have no way to pay?

Yeah, I know..I’m a deadbeat, but I don’t blame my misfortune on no one except myself. Lost my life savings and people are laughing at me. What a cruel world this is. To file BK or not to file BK? If I do, I will have a fresh start says a friend. If I don’t, my friend says that the creditors will put my balance on my credit report, and renew it every 7 years…meaning that I can call the credit reporting agency to remove it, but they have a right and probably will repost my balance…as nothing had been collected. Is this true? I thought a negative item must be removed after 7 years, but it could be put back in and stay for another 7 years?? Please help. Thanks in advance.

Technorati Tags: bk, credit card debt, credit cards, creditor, creditors, cruel world, dilema, foreclosure, fresh start, judgment, max limit, misfortune, plaintiff, plea, realtor, remodel, should I file bankruptcy, t shirt, underwear, waiting in line

Hi.. I recently was served with a summons and complaint that states I have twenty days to respond to it in writing to the court or I will be faced with a default judgement. I have looked up alot about this online and found out that in my state (indiana) I can file a "Motion to dismiss fo failure to comply with rules" if the plaintiff did not have a contract written instrument not attached to the complaint and summons, and it did not. I still need to call my court here in my county to be sure that it is the rule before I can try this though. I need to know how to word my answer if I would go with this route and if even if I dont I still have to answer to avoid the default judgement. I know that I need to go through and deny each complaint that is numbered on the sheet but I do not know how to word it exactly. The reason that I am being sued in the first place is because my b/f and I had a couple credit cards that I was a joint on with him. He was always the one responsible for making the payments. He ended up having to file bankruptcy, and once the case was discharged it automatically made me the one responsible for the amount. I have no way of making any kind of payment on it at this time. I have been out of work since 2007 when i found out I was preg with my daughter and i have been a stay at home mom since. So i know that the judge can not order for any kind of wages to be garnished and I do not have any assets for them to take, so most likely its just going to be on my record and if I would get a job or any money withen the next ten yrs or so id have to pay it then. Do I need to deny the complaint in my answer even though I know its true .. or will the judge just order me to pay it then because he wouldnt have been able to hear my story or i guess situation? The complaint states that 1. The defendant is indebted to the plaintiff int he amount of ***** plues accured interest of **** as of jan 2010.
2. Venue is proper with this court and based on the defendant residing in **** County.
3. The plaintiff owns and is the holder of an acocunt due and oweing by the defendant, and is the asignee of Elan/ Mainsource bank.
Wherefore the plaintiff respectfully requests the following relief.
1 Judgement against the defendant in the sum of ******* plus accured intesest of **** as of jan 2010
2 Interest thereon at the rate of 8 percent per annum from jan 2010 , and 8 percent per annum from the date of judgement , until the judgement is satidfied.
3 For plaintiffs costs herein expended
4 For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute. or common law.

Technorati Tags: assets, bankruptcy, complaint states, couple credit, credit cards, default judgement, defendant, failure, job, money, plaintiff, state indiana, stay at home, stay at home mom, summons, twenty days, venue, wages

….after you get sued for building a faulty house for someone. The judge is in favour of the plaintiff, whose house you built. He rules that you must pay them ,000 to compensate for the cracks in the ceilings & walls and various other mishaps. You then, like a b*tch, file for bankruptcy. Don’t know how to phrase this, but: your claim for bankruptcy is accepted.
Replace the you with defendant. What prompts me to ask this is that the defendant walked out of court saying "You’re not getting one cent" to the plaintiff. Which, for comedic effect, i will add that he got punched in the face :L
Questions:
1) How does the plaintiff get his compensation, in civil law or whatever area of law? Are there alternative ways to gain compensation for this issue other than suing? Obviously the suing did not work out? Like for e.g. in criminal cases you can go to the Victims Compensation Tribunal if suing civilly does not work in your interests.
2) Does the defendant (in bankruptcy) have to sell all his assets and every cent of his future income goes to paying the defendant the compensation? Its only fair..
3) Does he get off scott free?

Thanks in advance Would appreciate it if any lawyers on yahoo could lend a hand in releasing me from confusion and unknowledgability.

Ps. The jurisdicton is NSW, Australia.

Technorati Tags: amp, assets, bankruptcy, ceilings, civil law, confusion, cracks, defendant, favour, free thanks, lawyers, mishaps, nsw australia, phrase, plaintiff, tch, thanks in advance, victims compensation tribunal, yahoo