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whychat/ladynred/anyone---please, i need your help and info
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Posted by Colleen (205.188.209.144) on January 07, 2004 at 17:32:23:
Today,I received a Pretrial Conference Worksheet prepared by my local Court of Common Pleas with the Plaintiff's (Wolpoff on behalf of Discover) portion filled in. Wolpoff together with a local lawyer mailed the worksheet only yesterday and it indicated that the pre-trial was scheduled for TODAY. Obviously, I never had the chance to answer this because of time constraints. My concern is....one of the items to be answered was --List any motions which any part will file prior to or during trial and briefly explain the purpose thereof....Wolpoff indicated that "Plaintiff will be filing Motion for summary judgement within 15 day". What is a Summary Judgment? What are the repurcussions?...I live in Delaware which is a non-community state. I am not employed for the past eight years (Discover preapproved me 2 yrs ago.)and have no real assets on my own, meaning my husband's name is primary on our mortgage and home. We have lived in our house for five years now so I do not know if there is enough equity on it. My name is in our car title but my husband is primary (can I have a car title change wherein my husband is the only owner?). I have taken my name out of our savings account but my husband made a Power of Attorney wherein I have the authority to withdraw money on his behalf in the event of emergencies. In short, my name is not included in our savings accounts or statements. I am joint though in our checking account which is most of the time a zero balance.
In the event they win the judgment, what can they take from me?...since I have no salary for them to garnish, can they send the sheriff here to confiscate my car? Will they be able to put a lien on my home even if my husband was never part of my credit card debts? And since Delaware has no sol on judgments...no time limit...I can imgaine the judgment ($9000+court fees+ legal fees) soaring UP due to their demand on a 19.99% interest. Surely, they are out to drain me all the way. Is it too late to file for bankruptcy?...or should I wait for the judgment to push through and then file for bankrupcty after I request for the courts to vacate the judgement. I am confused and lost. I cannot afford a lawyer at the moment, but I am preparing for it in the event I really have to file for bankruptcy. Any advise on your end would be greatly appreciated. Thank you.
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