Legal Question in Credit and Debt Law in New York
A summons was taped to my front door recently. I, like many others, in this tough economic situations, have not been able to make any payments on my credit card. I was let go from my job and I am only now collecting unemployment funds. Can I loose my home for not paying my debts? and what to do with this summons. Do I show up to court? Can't afford lawyer..so what do I do. Please help me someone. Any legal guidance will be greatly appreciated.
1 Answer from Attorneys
You must answer the summons in writing. You have a certain amount of time to do so, depending on whether the action is in supreme court or district court. You have at least 30 days from when the summons was left on your door.
Generally, a creditor cannot take your home for nonpayment of a debt other than a mortgage. However, if the creditor obtains a judgment, then a judgment lien for the amount of the judgment will be placed on your property. Eventually, when you sell or refinance, you will have to pay the judgment.
If you have a lot of debts that you cannot pay, a Chapter 7 bankruptcy filing may be the best way of dealing with them. Please contact my office directly if you would like to discuss your situation further.
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