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Home > Reader Questions > Divorced, Single Mom, and Being Sued by Chase. What Should I Do? – Ellen

Divorced, Single Mom, and Being Sued by Chase. What Should I Do? – Ellen

I divorced about 5 years ago and moved with my work. I am a single mom. I lost my job 2 years ago, used up all my savings. I also accumulated a lot of credit card debt. I work and make just enough to pay the basics.

I am being sued by Chase and know I need to answer in 20 days. I would like to ask for an extension to find a good bankruptcy attorney. How do I do this?

Ellen

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Divorced, Single Mom, and Being Sued by Chase. What Should I Do?   Ellen
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  • SeanDSLegalPlan

    Yes- Good advice Damon. For example, in Florida you cannot have your wages garnished if you are the “head of household”- which you are. Generally, no garnishment for self employed! There are statute of limitations as well depending on the State you reside. Consult an attorney.

  • Damon Day

    Hello Ellen, the best thing to do first is meet with a local BK attorney. They will typically be able to tell you exactly what you need to do to extend the time to answer the summons or if you retain them quickly enough, will be able to handle it for you.

  • http://DamonDay.com Damon Day

    Hello Ellen, the best thing to do first is meet with a local BK attorney. They will typically be able to tell you exactly what you need to do to extend the time to answer the summons or if you retain them quickly enough, will be able to handle it for you.

    • Anonymous

      Yes- Good advice Damon. For example, in Florida you cannot have your wages garnished if you are the “head of household”- which you are. Generally, no garnishment for self employed! There are statute of limitations as well depending on the State you reside. Consult an attorney.

  • Tips

    Ellen,
    You want to go down to your local clerk of courts I believe that they have a form were you can request an extension. If not you will need to make sure you respond to your summons , make sure you mail it out certified to both the attorney’s office and the clerk of courts.You will then need to wait until a hearing is scheduled it varies from state to state. However I would suggest to frequently inquire with the clerk of courts to file out the status of your case (if a hearing has been scheduled ) things tend to get lost in the mail and you don’t want to get stuck with a default judgement if you miss your hearing.The other thing that doesn’t look so great is going to court and requesting an extension to file bankruptcy instead of an extension to come up with money to pay off your debt. My suggestion if you have some money is to see if you can try and settle with chase make an offer or work out a payment plan it can even be a temporary one for 6 months offer $25.00 a month if that is all you can afford. Make sure you have paperwork that gives you the terms of the deal.Then depending on your status speak with an attorney regarding BK everyone qualifies differently.

    Good luck!

  • Tips

    Ellen,
    You want to go down to your local clerk of courts I believe that they have a form were you can request an extension. If not you will need to make sure you respond to your summons , make sure you mail it out certified to both the attorney’s office and the clerk of courts.You will then need to wait until a hearing is scheduled it varies from state to state. However I would suggest to frequently inquire with the clerk of courts to file out the status of your case (if a hearing has been scheduled ) things tend to get lost in the mail and you don’t want to get stuck with a default judgement if you miss your hearing.The other thing that doesn’t look so great is going to court and requesting an extension to file bankruptcy instead of an extension to come up with money to pay off your debt. My suggestion if you have some money is to see if you can try and settle with chase make an offer or work out a payment plan it can even be a temporary one for 6 months offer $25.00 a month if that is all you can afford. Make sure you have paperwork that gives you the terms of the deal.Then depending on your status speak with an attorney regarding BK everyone qualifies differently.

    Good luck!

  • 2cents

    Hello, Ellen!

    If this is your first time to experience this situation, it can feel like a lonely, winding road.

    First, your court date is in 20 days, correct? I’m going to give you consumer-to-consumer advice. .

    Contact the county clerk and ask what the details are. They can tell you if a reschedule is possible. Often creditors will file suit as a measure to make that final scare to get consumers to pay. Often, more rather than less, its not a smoking gun. Whatever the courts tell you, that is, they don’t see a court date etc, you make sure to show up to the specified date.

    What about your other finances…do you have lots of credit card debt…..mortgage payment? Do a a financial inventory of good debt to bad debt. If you have other debt looming, its get to get IT ALL HANDLED TODAY! Most importantly…..don’t let others sell you a bag of empty promises. Get to your attorney and get a game plan in place. I’ll keep my eye on this thread case you respond back.

    Plant seeds today if you plan to reap at next harvest!

  • 2cents

    Hello, Ellen!

    If this is your first time to experience this situation, it can feel like a lonely, winding road.

    First, your court date is in 20 days, correct? I’m going to give you consumer-to-consumer advice. .

    Contact the county clerk and ask what the details are. They can tell you if a reschedule is possible. Often creditors will file suit as a measure to make that final scare to get consumers to pay. Often, more rather than less, its not a smoking gun. Whatever the courts tell you, that is, they don’t see a court date etc, you make sure to show up to the specified date.

    What about your other finances…do you have lots of credit card debt…..mortgage payment? Do a a financial inventory of good debt to bad debt. If you have other debt looming, its get to get IT ALL HANDLED TODAY! Most importantly…..don’t let others sell you a bag of empty promises. Get to your attorney and get a game plan in place. I’ll keep my eye on this thread case you respond back.

    Plant seeds today if you plan to reap at next harvest!

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