Legal Question in Bankruptcy in Pennsylvania

I've got a real problem. First, a little background on me. I'm a 24yr old mother of two college drop out with student loans. I fell in debt a few years ago and have been unable to pull myself out. My monthly income is roughly $100 with month expenses being slightly more than that ($66 student loan payment and $50 car insurance payment) all other expenses are covered by my boyfriend. We're not married, we have no joint accounts of any variety. I am mostly a stay at home mother as my place of employment cannot offer regular hours throughout the year.

Today I received a notice from my credit card company (who I defaulted with some time ago) that I have to appear in court in one month to resolve my debt (I guess I'm being sued?). SO, this is NOT the only place I owe money that I cannot pay.

I'm young, I have no income and many debts that can no longer be kept up with (when I made these debts I WAS better employed and keeping up payments) I'm bein sued, cannot afford a lawyer to file bankruptcy, and really have no assets. I own my 1998 Plymouth van with 155,XXX miles on it (not worth very much) and that's about the extent of assets. I have my clothes otherwise, I live only on necessities.

First, I KNOW now that I will NEED to file for bankruptcy but what if they cannot file it until AFTER my court appearance as I will need to locate pro bono help. I cannot afford any kind of lawyer fee, I borrow money from family pretty regularly for costs as it is.

Second, what if I cannot pay the payments the judge will award my credit card company next month? For instance, I know they can garnish wages but at that rate they'll be garnishing for years and years...I know they can freeze bank accounts but even that will only freeze about $10.

Third, anything I'm missing? How do I respond to the court summons? I absolutely intend to attend but I don't know what I need to do beforehand. Do I need to let them know that I intend to present income vs. expenses or do I just DO that there on the assigned day?

Any help would be much appreciated. I never intended for this to happen (as nobody really does) and I'm not legally versed as to what I need to do. Thank you all and god bless.

P.S.- if it helps, I'm in Cambria County PA and could use any help I can get!


Asked on 1/27/12, 8:20 pm

2 Answer from Attorneys
Michael Scalia Scalia & Seidel, LLC.

The good news is the end result is you are essentially judgement proof. Yes they could attach your bank account but since you have such a low balance they would not likely do so. I would contact your local legal aid office and request assistance from a bankruptcy attorney if you still wish to file bankruptcy.

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Answered on 1/27/12, 8:36 pm


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