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Thanks for your question! Typically, legal documents need to be served in person or through certified mail to be considered officially delivered. An email alone usually doesn't meet the legal requirements for service. However, it's always a good idea to check your local laws or court rules to be sure. If you did receive an email, you might want to follow up to see if it was also sent by other means.

Great question. Some sources say you're most at risk after 6 months of nonpayment, but this vary a lot depending your state's law and who the debt buyer is.

Typically, debt collectors buy debts for a small percentage of what’s owed. It could be as little as 4-10% of the original balance. If they're able to collect the full balance from you, that's how they profit. It's a very frustrating industry!

Thank you for this feedback! We're always working to get better. We'll definitely incorporate this in future videos.

Great point @kiko69. This article talks a bit more about how to protect SS and other benefits from creditors: upsolve.org/learn/mean-judgment-proof/. It's really important to keep those funds separate from other income sources if you have them.

Thanks for the comment @lancerx1001. Federal laws do protect certain wages/income include that from Social Security. More info here: upsolve.org/learn/mean-judgment-proof/

Best move a senior citizen can do..

@@stevenfulton1563 I'd be curious to hear more about this resource. Thanks for the comment.

@@Upsolve they have a UA-cam channel HELPS nonprofit law firm

Great feedback - we'll work on that in future videos!

Thank you for your kind words! If you've missed the deadline to respond to a debt lawsuit, it's important to act quickly. In some cases, you may still be able to respond by filing a motion to ask the court to accept your late answer. This is usually called a "Motion to Set Aside Default" or something similar, depending on your location. It's best to explain why you missed the deadline and show that you have a defense against the lawsuit. Acting as soon as possible increases your chances of the court considering your request. I hope this helps!

Sorry you had to experience that aggression. In California, personal service is usually required for a lawsuit, meaning the papers should be handed directly to you. If you walked away and the server threw the papers on the ground, it might be considered improper service. However, courts can sometimes consider it valid if the server made a reasonable attempt to serve you and you refused to accept the papers. It’s a good idea to document everything that happened, including the date, time, and details of the interaction, just in case you need it later. If you’re unsure, you might want to check with the court or respond to the lawsuit to avoid any default judgments against you. Take care!

Good question. You might consider asking the court or the creditor for a payment plan that fits your budget. Sometimes, courts or creditors are willing to accept smaller, manageable payments over time.You can also explore options like negotiating a settlement for a lower amount. Stay proactive and communicate openly to find a solution that works for both sides.

Good question. This trips a lot of folks up. In the context of bankruptcy, a "payment" over $600 refers to any amount you pay directly to another person or entity. This includes paying off debts, giving gifts, or transferring money. In your case, your boyfriend's $650 for his half of the rent, which you then use to pay the landlord, is considered a shared household expense rather than a direct payment to another person.

The 30 days typically start from the date you were actually served, which in your case is the 8th. However, the specific rules can vary depending on your jurisdiction, so it's best to check the local court rules to confirm this. Best of luck!

Hi @SimsbyMimi, I'm really sorry to hear about your situation. It sounds really frustrating to deal with that lack of communication. Since the deadline has passed, it might be a good idea to reach out to the court directly and explain what happened. They might be able to provide some guidance on what to do next. Keep a record of all your communications with the agency, including the calls you made. Stay strong, and take care!

Thank you! Glad it's helpful.

Hi @JohnPike-s6r, great question! When a lender charges off a car loan, it means they've written it off as a loss for accounting purposes, but it doesn't eliminate the debt. Filing for Chapter 7 bankruptcy can discharge your personal liability for the loan, but it doesn’t erase the lender's lien on the car. In your friend's case, it's possible the lender decided not to pursue repossession immediately, but they still have the right to do so. Thanks for sharing!

Thank you for your kind words! I'm glad you found the information helpful. Dealing with credit card companies and "junk buyers" can be tricky, but it's important to stay informed about your rights and options. We have more content planned that will dive deeper into these topics, so stay tuned!

@daniellemarie7471 I'm sorry to hear you're dealing with this situation. If the lawsuit is not in your name and you were never summoned, it sounds like there might be a mistake. Here are a few steps you can take: Contact the Court: Reach out to the court where the lawsuit was filed. Explain the situation and provide any documents that show the lawsuit is not in your name. Notify the Plaintiff: Inform the party who filed the lawsuit that there is an error. They may need to correct their records. Check Your Credit Report: Make sure there are no inaccuracies that could be related to this lawsuit. I hope this helps!

So sorry you've had to deal with harassment. We understand how frustrating and stressful dealing with debt collectors can be. You can file a counter lawsuit for harassment if the debt collectors have violated the Fair Debt Collection Practices Act (FDCPA). For more information on this, you can check out this article on FDCPA violations: upsolve.org/learn/fdcpa-violations/ While you can countersue, it's often best to get a lawyer since it can be complicated. Best of luck, and thanks again for engaging with the video!

Thank you for sharing your experience. I'm sorry to hear about the default judgment; it can be really stressful. You might be able to appeal the ruling or file a motion to set aside the default judgment, but it's important to act quickly. While we don't have a specific video on appealing a ruling, you can find helpful information in this article on filing a motion to vacate judgment: upsolve.org/learn/motion-to-vacate-judgment/ Good luck, and thanks for reaching out!

@@Upsolve Thanks

Hi @TexasMike713 - If you got a summons without the complaint, contact the court where the lawsuit was filed (this info should be on the summons) and request a copy/ask what's up. They should be able to give you some info or guidance. Good luck!

Sorry to hear this! Please submit a ticket with our help desk: help.upsolve.org/hc/en-us/requests/new

Hi @clydeb7713, thanks for your comment! You’re right that North Carolina, South Carolina, Texas, and Pennsylvania don't allow wage garnishment for most consumer debts. It's also true that Social Security benefits have protections against garnishment, which can be helpful for those receiving these benefits. It's always a good idea to respond to any legal action to avoid default judgments, which can lead to more complications. For more information on wage garnishment laws by state, you can check out: upsolve.org/learn/stop-wage-garnishment/#wage-garnishment-laws-by-state Thanks for sharing this valuable information!

This can be a great option for some folks! Just keep in mind that you may still need to respond to the court to let them know you're filing bankruptcy.

Sadly, yes. This is often the case.

Thanks for your input! This video covers what we’ve identified as key steps, but everyone's situation can be unique. If there are specific steps you believe should be highlighted, please let us know!

I just got a summoned for court in Jan 2025. When should I answer?

@@datnursenicky3022 Thanks for your question! Even though your court date is in January 2025, it's important to check your summons for the exact deadline to file your response. Typically, you need to answer the lawsuit within 20-30 days of being served, not the court date itself. Make sure to submit your answer within that time frame to avoid any issues.

You're so welcome! Glad this was helpful.

Thanks for the comment, Jimmy. While it might seem tempting to ignore a lawsuit if you believe you are judgment proof, ( upsolve.org/learn/mean-judgment-proof/ it's generally not advisable. If the plaintiff get default judgment against you, it can complicate your situation further and might open the door to future legal or financial problems. It’s always best to respond and engage with the process, even if your assets are currently protected.

@@Upsolve If you are in gov't pension your bank account is protected!!!Stop giving wrong info to us,

​@@ivieflynch88 You're right that government funds like social security are protected. Our aim is to highlight that engaging with the legal process is important since some creditors, unfortunately, might still pursue action. Thanks for pointing this out!

Thanks for the comment, Jimmy. While it might seem tempting to ignore a lawsuit if you believe you are judgment proof, ( upsolve.org/learn/mean-judgment-proof/ it's generally not advisable. If the plaintiff get default judgment against you, it can complicate your situation further and might open the door to future legal or financial problems. It’s always best to respond and engage with the process, even if your assets are currently protected.

Thanks for the comment! Many lawyers do advise a general denial, but, you're right, if you have a strong affirmative defense and proof to support it, it can bolster your case.

@VaughnThompson1 Thanks for sharing your experience and insights! We're glad you found the video helpful

@mneyork sorry for the late reply! Often CC companies don't need to how a signature of the agreement, but it's best to get local legal advice if you aren't sure. The free help lawyer probably knows the local law well! Good luck with your case.

That's great! Every trustee handles their meetings a little differently.

Thanks for the feedback, Jackie! Glad we could help.

You can contact the court to get information about the status of the case. If they did issue a default judgement, you may be able appeal it. Some good info on that here: www.civillawselfhelpcenter.org/171-setting-aside-a-civil-default-judgment#:~:text=To%20ask%20the%20judge%20to%20set%20aside%20your%20default%20judgment,be%20downloaded%20on%20your%20computer.

Gathering all the info for your bankruptcy forms can feel like a lot! Do you have someone who can support you with it? Wishing you luck.

Hope our reply on your other comment helped!

This can vary by state. In this case, it might be worth calling the court clerk to see what information they have and what direction they might be able to give about what to do next in your case.

Hi @thetawaves48, thanks for your question. Taking care of your elderly disabled mother 24/7 might impact your Means Test, but it typically wouldn't be considered "other income" unless you're receiving payment for the care. It's important to report all sources of income and expenses accurately. You might also want to mention any financial support you provide to her. For more info, you can check out this article: upsolve.org/learn/chapter-7-means-test/. Best of luck!

Hi @thetawaves48, thanks for your question. Taking care of your elderly disabled mother 24/7 might impact your Means Test, but it typically wouldn't be considered "other income" unless you're receiving payment for the care. It's important to report all sources of income and expenses accurately. You might also want to mention any financial support you provide to her. For more info, you can check out this article: upsolve.org/learn/chapter-7-means-test/. Best of luck!

Good point! Rules on this changed in late 2022-- here's an article explaining more: upsolve.org/learn/bankruptcy-eliminate-student-debt/

The new lender needs to be approved by the bankruptcy court. Redemption loan is only available to ppl in the bankruptcy process. The lender is stipulated to giving you an interest rate close to what you already have for the car. I could be wrong, I’ve done a lot of research. That was my takeaway.

@leopardchicken: Great question! Yes, if you use a lender for redemption in a Chapter 7 bankruptcy, the interest rates can be higher compared to typical auto loans. This is because lenders view these loans as riskier. However, the specific rate you get will depend on your credit score and the lender’s policies. Response to @Dmoney617Bost: Thank you for sharing your insights! You’re correct that the new lender typically needs to be approved by the bankruptcy court, and redemption loans are available to those in the bankruptcy process. The interest rate can vary, but it might not necessarily be close to the original rate of your car loan. It’s always best to check with multiple lenders to find the most favorable terms. Thanks for engaging in this discussion!

Thanks for the request! This might be helpful in the meantime: upsolve.org/learn/can-i-amend-my-bankruptcy-forms-after-i-file/

Hi @dianedenard171, thanks for your question! Yes, in many cases, you can mail your bankruptcy papers to the courthouse. However, it's important to check with your local court to ensure they accept filings by mail and to get the correct mailing address and any specific instructions. Some courts may also offer electronic filing options. Best of luck with your filing!

Hi @risaleonee3505, thank you for your comment! Yes, the 341 Creditors Meeting is typically straightforward and non-judgmental. It's more about verifying your information than anything else. Take a deep breath-you're not alone in feeling anxious. It’s great that you're working through your paperwork. You've got this!

Hi @UniversalMysticsOfChrist, thank you for your question! Not working for several months does not necessarily make you ineligible for Chapter 7 bankruptcy. Eligibility primarily depends on your income, expenses, and the means test, which assesses your financial situation. If your income is below a certain threshold, you may qualify. You can find more detailed information in this article from Upsolve: upsolve.org/learn/chapter-7-means-test/. Best of luck!

Hi @mrdeeman5912, thanks for your question! Yes, you can trust Upsolve. We're a nonprofit organization dedicated to helping individuals navigate the bankruptcy process for free. Upsolve has helped thousands of people file for Chapter 7 bankruptcy successfully and has received positive reviews for its service. For more information on our org, you can visit this link: upsolve.org/learn/transparency/.

Hi @sharkwhisperer7326, thanks for your comment! The number of questions can vary depending on the specifics of your case. The trustee typically asks about 10 to 20 questions to verify your information and ensure everything is in order. It's always a good idea to be prepared for a few extra questions just in case. Best of luck with your meeting!