Legal Question in Bankruptcy in New York

I owed discover 13k due to me being scammed from what I thought was a legitimate job. That balance is now with a creditor who just summoned me for a judgement and they are threatening with putting a Lien on my house I'm willing to make payments but I'm unable to afford what they would like me to pay. What should I do.

Asked on 1/03/17, 4:28 pm

1 Answer from Attorneys

Neil Ackerman Ackerman Fox, LLP


The answer depends on your facts and circumstances.

You write that the creditor just "summoned [you] for a judgment". Does that mean that the creditor just sued you, or that the creditor sued you and got a judgment against you? if the creditor just sued you, you can and should consider filing (with the Court in which you are sued) and serving (mail to the attorneyh for the creditor) a written answer to the lawsuit. If the judgment was entered against you, did you appear in the lawsuit? Were you served with the complaint in the lawsuit, and the motion for default judgment, by hand or by mail? if not, perhaps you may wish to hire an attorney to file a motion and Order to Show Cause to set aside the judgment.

Depending on your assets (which include your house) your house) and your other debts, you may alternatively wish to look into filing for Bankruptcy, by meeting with an experienced Bankruptcy attorney in your area to determine whether Bankruptcy is right for you.

I note that your zip code is 14609, meaning the Rochester area. I am in the New York City area and do not represent individuals in that area.

Good luck!

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Answered on 1/03/17, 5:10 pm

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