Legal Question in Credit and Debt Law in Missouri
Got a question about AC Breach of Contract
Today I got a summons to appear in court and it was a suit of AC BREACH OF CONTRACT..It was back in 2006 to a bank for the amount of 647.00 and back in 2006 when I got one thing from the bank it said I owed about 300.00 and at the time I was a single mother with no income so I couldn't pay that then, well never got anything else from them and now this to appear in court..n the summons it says that plaintiff has made demand upon payment but defendant has failed and refused to satisfy this obligation, well like I said they only sent me that one letter or two from the bank in 2006 nothing since, but I have moved too, but still didn't get anything. well I want to know what can happen over this? I can't afford the whole amount right now, don't have any income just my husband one income and two kids to take care of, Is there anytjing I can do? I can't even afford attorney.and it says something about chapter 517 RS to file what is that?
2 Answers from Attorneys
Re: Got a question about AC Breach of Contract
Your case is in the associate division of the circuit court and Sec, 517 is the statute that governs the procedures in that court. You should appear in court on your court date. When your case is called stand up and be sure that the judge knows that you are there. The bank's attorney will ask the judge to put the case on "second call" in order to havve some time to talk with you. AS soon as the docket has been called, the judge takes a break and you will have an opportunity to speak with the bank;s attorney. He will ask you to sign a Consent Judgment for the entire amount due to the bank, but he should be able to agree to "stay execution" (which means take no action such as garnishment to collect the Judgment amount so long as you make installments on a timely basis until the Judgment amount plus legal interest is paid. Sometimes, the bank's attorney will even be able to accept something less than the total amount claimed to be due. You should be sure that all of the terms of any agreement you enter into are spelled out exactly in the Consent Judgment before you sign it. The Judge will then approve it, and you will have a civil judgment entered against you, but you will not have to worry about being garnished so long as you live up to your agreement. I would advise you differently if there was any defense to the lawsuit. Your other option would be to ask the Judge for a continuance, and the judge will probably give you one. But, that means that you will have to go back to court on aother day or hire an attorney to represent you. Under the circumstances you describe, the first option appears to be better. Do not let the bank's attorney talk you into agreeing to pay more each month than you know you can afford.
Re: Got a question about AC Breach of Contract
If you cannot afford an attorney Legal Aid of Western Missouri is located in St. Joseph and serves your area. They are are:
Legal Aid of Western Missouri - St. Joseph
106 South 7th Street, 4th Floor
St. Joseph,MO 64502
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