Legal Question in Bankruptcy in Missouri

My parents and I fought for around 5 years trying to keep my daughter from going with her father. We knew that he would abuse her, but we could not make the court believe us. My daughter had to move with her father to Colorado. After living with him for 7 months, the social serves out there took her away from him because of abuse and malnutrition. Through the court meeting in Colorado, our lawyer discovered that the social worker in Missouri had made lies about me in court. Because of all the court costs and trips to Colorado, my parents had to take bankruptcy last year. Now I am going to have to take bankruptcy to keep from having the debt collectors from getting all of my check. I have no assesses. I own around 12,000 dollars in credit card debt and two medial bills. A month after she came to live with us again, she caught Scarlet Fever. I am being called into court for one of my debts on November 2 of this year. I have to do something soon.


Asked on 9/19/10, 8:50 pm

1 Answer from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri attorney that handles debtor representation and resolution of credit card collection cases as part of my practice.

Many of these collection cases can be resolved by having an attorney work with the attorneys for the credit card companies in order to work out some type of feasible arrangement. It is a requirement that an attorney, or you personally, appear in court on the indicated court date, or else a default judgment can be taken against you. If the credit card company obtains a default judgment, they will then have legal recourse to collect the full amount alleged in the lawsuit, plus interest and attorney fees against you. If necessary, they can garnish your wages, if you currently work, take money from your bank accounts, or seize your property and sell it. The bottom line is that you should avoid having a default judgment entered against you at all costs.

In handling these cases, attorneys are typically able to work out some type of payment arrangement with low, reasonable monthly payments, and can sometiems reduce the overall amount that is owed, and, ultimately, have the case dismissed against you. Most attorneys do not charge too much to handle these cases. Also, in some lawsuits, depending on where the case was filed at, it is necessary to prepare a legal document that must be filed with the court to answer the lawsuit. There are strict time limits on filing this document, known as an "Answer". If an answer is not filed on time, the creditor can take a judgment against you.

For your convenience, I can be reached day or evening via e-mail at [email protected]. Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 9/25/10, 4:18 am


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