Legal Question in Credit and Debt Law in Missouri

My husband had his motorcycle repossessed.He was served with papers and has a court date at the beginning of March. What may happen? Can he call the credit union to try and work on a way to pay the deficiency? Should he look into bankruptcy? He has a credit card with a high balance and also has unpaid medical bills. Should he contact a lawyer?


Asked on 2/22/11, 8:24 am

1 Answer from Attorneys

Anthony Smith LawSmith

It sounds like you husband shoudl at least consult direclty with an attorney to go over the pending suit with the credit union and the other debts. He might shoose one that cna also advise him as to the benfits and ddraw backs of filing for bankruptcy protection now. It is impossible to tell him in the abstract whether he can or shoudl file for bankruptcy. At the Hearing in MArch, the court will ask yoru husbandk if he denies the petition filed by the creditu union, or if he agrees that he owes that amount. If he denies, then a new court date may be set, before which the plaintiff may send him Discovery requests. He can and should send requests to them, even if they don't serve any upon him. In th3e mean time, he can try to contact the crdit union, but they will likley tell him to contact eh attorney handling the case for them. your husband, or an attorney he hires, may be able to negotiate a payment arrangment with them that prevents judgment form being taken against him.

Good luck

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Answered on 2/22/11, 11:50 am


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