Legal Question in Bankruptcy in North Carolina

Im being sued in small claims court by Citifinanical, and Chase has contacted my employer about garnishing my wages. I have not been able to pay them and about 8 other credt card and loans for 5 mth. Im $40,000.-- in debt and make $40,000.-- a year. I saw a lawyer about bankrupsey, but I don't have the $1,500.-- needed to file. What can I do?


Asked on 2/05/11, 11:44 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Try another lawyer. If a case is not complicated, many lawyers will reduce the fee. Offer the lawyer collateral such as a lien. Borrow the fee from family or friends. I doubt that you qualify for a filing fee waiver ($299) from the court. The legal fees are a matter between lawyer and client, subject to the approval of the court. It is possible to file yourself, it is called "a pro se filing" It is a tricky matter and you should seek assistance from a legal aid clinic, if they have someone who is familiar with bankruptcy. By the way, if Chase mentioned garnishment, or even the fact that it was collecting a debt without judgment, they have violated the fair claims collection act. You should at least muster the fees to consult a lawyer to determine what, when and how the creditors can reach your assets with and without bankruptcy.

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Answered on 2/09/11, 6:07 am


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