Legal Question in Bankruptcy in Kansas

I have a notice that a creditor is in Motion to Reviver an old debt(Kansas). The time frame is in dormancy so allowable The questios I have is that I do not remember the original summons and the original debt Ido not think I was served.

Can I ask to see proof of process? If they have their ducks in a row and probably do, will they ever quit reviving this old debt.

I am in the process of application for disability and have not worked for twenty months and have accumulated $300k of debt. With this hanging over my head is the chance good to dismiss the motion? In this situation I am thinking Bankruptcy anyway. If I do will this clear a judgement?


Asked on 5/18/15, 10:01 am

1 Answer from Attorneys
Anthony Smith LawSmith

You can check the Court's records to see how and when you were supposedly given notice and an opportunity to respond to the Petition or Complaint. If the service was inadequate, you can seek to have the judgment set aside. Without seeing th records, it is nearly impossible to predict your likelihood of success.

The creditor can revive or reaffirm the judgment over and over. But, if you ate on disability, it is unlikely that there would be.much they could lexrcute upon or garnish.

You should have an attorney evaluate the supposed service in the original case.

Good luck

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Answered on 5/18/15, 1:27 pm


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