Help! Statement Of Claim

[willjohn5]

My husband and I received a statement of claim from our local clerk of circuit court. this is in reference to a charge card co. that we are not able to pay. It says we have 30 days to reply. It also says they can have our paycheck garnished or property sold to satisfy the judgement. My question is , I don't work and my husband will be on social security as of Jan.1 , 2006. He will draw his last paycheck from his employer Dec 15th, 2005. We do not own any property. we live in a rental home, and the one car we have is not paid for yet. Should we write to to the circuit court and explain our situation? What will this credid card co do if we don't have any wages other than $1500.00 social security monthy, and do not own anything that is paid for? Pllease advise us. We can't afford an attorney. We live in Alabama. Thanks

 

[Michael Wechsler]

My husband and I received a statement of claim from our local clerk of circuit court. this is in reference to a charge card co. that we are not able to pay. It says we have 30 days to reply. It also says they can have our paycheck garnished or property sold to satisfy the judgement. My question is , I don't work and my husband will be on social security as of Jan.1 , 2006. He will draw his last paycheck from his employer Dec 15th, 2005. We do not own any property. we live in a rental home, and the one car we have is not paid for yet. Should we write to to the circuit court and explain our situation? What will this credid card co do if we don't have any wages other than $1500.00 social security monthy, and do not own anything that is paid for? Pllease advise us. We can't afford an attorney. We live in Alabama. Thanks

I'm very sorry to hear about your situation. I'm not sure what writing to the circuit court will do and likely will be pointless. They aren't asking for correspondence.

How much do you owe? Coming into court and stating you cannot pay a debt will not simply release you from the debt. That is what bankruptcy is for. You might want to talk to the credit card company and see what you can work out, especially if they realize your only option is to declare bankruptcy. If you have almost no income coming in, I'm not sure what you may have to offer the credit card company to make them want to settle for less than filing a judgment against you and eventually seeing what they will get. I wish I could be of more help but at this point I'm not sure what else is available except for government assistance, if available, and that isn't an issue of law.