Got A Notice

[willgolf4food]

Got a Notice Today that says "Fiat Setting Hearing on Motion for Default Judgement" And it says " It is Ordered that the hearing on Plaintiff's Motion For Default Judgement is hereby scheduleded on the 14 of January 2008 at 1:00 PM in the Courtroom CC of Hidalgo County, Texas.
And is Signed this 26th day of Novemeber 2007 and Signed by Presiding Judge.

Approved Wolpoff & Abramson, LLP
and the Attorney information

Then at the Bottom it says:
" I herby certify that a true and correct copy of the foregoing instrument was sent this 23rd Day of Oct 2007.(I find it interesting that they certifiy it was sent over a month before it was signed by the Judge)

Via regukar and certified mail RRR

This all came from a attorney that handled the first attempt at Aribtration and afterwards when it came back and 2nd Arbitration and then Award I could not afford to pay them anymore.

I had not heard a thing since I filled the response back in Marchof this year. I have a copy of the Court signing for it. It appears that they just ignored it also.

I don't know what to do now. I believe I need to go to the hearing but have no idea what to say etc. Any help would be greatly appriciated.

Thanks In Advance

There is a longer thread with all the previous info Call MBNA Court Filling

[masterduke]

Greedy wolpoff goons are trying to get you into court for that default judegement crap so they can steal anything that they can, bank accounts, paychecks, etc. If they are successful in getting the summary, they may try to wedge you into some sort of financial disclosere of assets thru the courts. Those chumps have probably done some backround digging and think they will be able to squeeze you for something. Also by having a judgement, those can sit for years(like 10 to 20 yrs in some states). If they have the arbitration award already and you have not appealled that ruling within the designated time frame(like 90 days) then this court crap is only a formality. Stash the cash. They will try to steal it. Yes, Competent Legal Counsel would be helpful at this point. Bankruptcy chapter 7 will stop this I believe, If this an option for you? DO NOT agree to a chapter 13 and if the attorney you meet with is pushing for a 13, then find another attorney.

[Livefire]

Depends on individual situation, one has to meet the financial test to qualify for chapter 7....if you have too many assets or earn above a certain amount, you are DQ'ed from filing under that chapter of the BK code. All thanks to Bushie's 2005 revision of the code!

Chapter 13 is more or less a debt reorganization plan and will allow you to keep collateral items such as homes and cars.....cant do that under Chapter 7 according to some reading I have done. So it really depends on your situation and what you wish to accomplish. Here's a site to check out.....

http://filing-bankruptcy-form.com/

[willgolf4food]

Does the Bankruptcy have to be filled before the hearing in order for them not to get the Default judgement?

If they get it will bankruptcy remove it?

[farmer_giles_of_ham]

You could string them along for a while thru banruptcy proceedings. Do chap 13, get a schedule, delay, dissemble etc, convert to chap 7, proceed, drop the case, start al over again. If they get tired of you at the one court go to another (different district- they all work equally). Always go for free- in forma pauperis, etc. Get food stamps and medicaid, whatever there is. Reject mail, change address, negotiate plan, make one payment every 6 mos, so many angles...

This could take years- our timeframe is 2-3, up to 2012. All this junk is going to fall by the wayside very very soon. We just need to get over this last hump.

[willgolf4food]

There are paper's you can file yourself. I am pretty iliterate when it comes to legal matters like this. I just don't have any money to pay them. And time till the hearing is short. We get a pension and just a few bucks above the amount to get food stamps.

I did all i could before with copy and paste from a book I got.

So you would have to file before the 14th when the hearing is.

We have been getting the house ready to sell so we can downsize and get rid of our mortage i suppose we should stop that. We were going to sell by ourselfs and then move about 50 miles away.

Thanks for any and all info

[Livefire]

As far as mortgages go.....investigate short sales. In this scenario, the bank agrees to a sale of the house for less than amount of the note. And they cant come after you for any deficienies (If the case is that you have little or no equity and the sale of the house wont generate enough FRN's to satisfy the note.)

[willgolf4food]

Equity is not the problem I have a house probably worth 200k and owe 50k but the monthly payment is 500 which i am having trouble with. I want to sell it and buy a place for 150 or so and not have a payment. I don't believe they can lein my house in texas. But if i sell it and the money goes in the bank they could get that I would guess. We were a few weeks away from putting the house up for sale when I got this notice. We have already picked out the other house and all.

I am guess that if I file for Bankruptcy that selling or anything else is on hold right.

And My Main Question is do I have to file before the hearing or if they get the judgement can I file then?

[farmer_giles_of_ham]

Get a divorce and pay your pension to your wife in alimony, or the same in reverse. Then at least one of you qualifies for food stamps etc. Or it could be child support. Or a friendly lawsuit.

Go to the federal district court and ask for the bankruptcy forms, they have them there. They are self-explanatory and easy to fill out. As soon as you turn them in and get a stamped copy, send that to your creditors and they are stopped from further action for the moment.

You can still sell whatever you like, or at least in between bankruptcy filings. You can apply for bankruptcy at any time.

[Dillon Hunt]

That Statement of Counsel in Brief or Arguement are not sufficent for summary judgment.