Legal Question in Civil Litigation in Missouri

lawsuit

I was served with a summons today in missouri for a lawsuit from california.it says I have 30 days to reply.lawsuit is for $3,700. From a oral agreement of pay for services,I paid him $1500 which was the agreement but now he says I owe him $3700 more.there is a case management review in june in california.I cannot afford a lawyer,no possible way.so if the judgement goes against me what will happen to me,whats the worst thing..I own a broken down car, I rent a apartment, I own no property,the money that I make come from selling at flea markets and craft shows.what can he do to me, I do have a checking account,should I close it? if so ,when....could I declare bankruptcy? would that help?


Asked on 5/17/04, 8:01 pm

2 Answers from Attorneys

Spencer Farris The S.E. Farris Law Firm

Re: lawsuit

I am sorry to learn of your troubles. Yes, if you do not answer the suit, a judgment will be taken against you, and yes, they will then try to garnish wages, bank accounts, what ever. Bankruptcy will only discharge the judgment in certain circumstances.

You may wish to contact Legal Services Corp. as they represent certain defendants who meet income criteria.

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Answered on 5/17/04, 8:14 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: lawsuit

I have many questions after reading your post. First, what kind of "oral agreement" was there? Second, where were you when you made this "oral agreement." More importantly, where were you when HE claims you breached the agreement. Is he suing in CA because he lives there? Did the dispute arise in CA, or did it arise in MO with him moving to CA later? There are MANY defenses to these kinds of actions.

The Legal Services Corp. that Mr. Farris recommends is a good place to start. If you do not have significant income or savings, they can often assist you without charge in dealing with these kinds of cases.

If a judgment is taken against you, your savings and checking accounts can be garnished. Closing them now may be premature. In order to garnish you the plaintiff has to register the judgment in MO. When he does there are certain defenses you can use. Bankruptcy could be an option, but only an attorney with ALL the facts can give you that advice.

My suggestion is to seek out help from Legal Aid and ask them to file an answer for you.

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Answered on 5/18/04, 8:49 am


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