Creditors lawsuit against me. Questions?

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Latest post Mon, Feb 27 2017 7:56 PM by karen2222. 2 replies.
  • Sat, Feb 25 2017 4:05 PM

    • L3mmer
    • Not Ranked
    • Joined on Sat, Feb 25 2017
    • IL
    • Posts 1

    Creditors lawsuit against me. Questions?

    I'm a father of 4 with a minimum wage job that I work 4 days a week at.  A couple of years ago I was arrested for an offense that I did not do(I know we all say that) but I lost my job and stopped paying all my bills. (Due to co-workers and boss reading my name in the paper and believing before convicted it was true)( charges were dropped.). I been having trouble finding a job even close to how much I was being payed and am stuck with dead end jobs.  I make around 220 a week with 4 kids.  Lots of government aid coming to me to.  A collectors agency bought up all my debt and I ignored calls for the past year and a half.  Well they must of got fed up cause I was summoned to court.  Now with how much I'm paid I know by IL law they can't garnish me unless.  I pretty much own nothing but a less then modest car that I need to get to my  low paying job and kids to school.  Now what am I supposed to do when ever dollar is needed?  What happens if I don't pay after judgement.  I have looked into bankruptcy but even 335 per se filing is just to much on me.  Even with tax returns which is really the only time the kids get anthing from there mom and me.  Most of what they are coming after me for is med bills.  Seems unfair that all these people who owe way more then me get off Scott free all the time and they decide to pick on somebody whos paycheck is gone the day I get it.  I'm not suicidal by any means but I can see how life drags people down over stupid *** and quickly at that. I'm at a lossntonwhat to do and how to go about this.   

  • Mon, Feb 27 2017 12:37 PM In reply to

    Re: Creditors lawsuit against me. Questions?

    You can apply to the BK court to waive the filing fee on account of indigency.

  • Mon, Feb 27 2017 7:56 PM In reply to

    Re: Creditors lawsuit against me. Questions?

    I was summoned to court.
      Were you summoned for a debtor's examination, where they ask you for information about your income and assets?  If that's what it is, you are probably required by law to go anyway, but you should WANT to go, since that will be your chance to get it on the record that you make too little for garnishment and own nothing they are allowed to take.

    I don't think you need to file for bankruptcy to get the benefit of the Illinois property and income exemptions.

    Here's a useful webpage describing the Illinois exemptions, courtesy of Illinois Legal Aid Online.  At the bottom of the page, just above the comments, they give you links to the text of the laws themselves.  Actually, those links don't quite take you to the right sections, so here's a link to the Table of Contents for the Code of Civil Procedure;  scroll down to Article XII and click on Parts 8, 9, and 10 to see the sections they refer to (sections 5/12-803, 5/12-901, and 5/12-1001).

    Whether to file for Chapter 7 bankruptcy now or not is a tricky question.  On the one hand, if you wait too long and you get a great job that puts your income above the limit for filing Chapter 7, then you'll have lost that chance. On the other hand, if you file too early then you can't get another Chapter 7 discharge for several years and debts you acquire after your filing date won't be included (won't be discharged in the bankruptcy).


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