Can you record for bankrupty while mortal threated by a attorney next to court motion? I have just recieved a message from a laywer stating if

I have just recieved a message from a laywer stating if i don't pay the balance of a old-fashioned accout he will take me to court. well i 'm had it right now and have offered to wage ten dallars a month until i find work. can i declare to keep him from sueing

If you file for bankruptcy, creditors own to cease their actions against you & traffic with the bankruptcy court.

All the court can do is get a judgement against you. Let them do all the leg work, file, etc. They are just blowing smoke. Filing Bankruptcy is a whole different business.

Answer:
I agree next to Studly. If the debt is small, filing bankruptcy may not be the path to go.
I also agree that $10 a month is not a viable amount unless the amount you owe is only one or two hundred.

You did not utter how "old" the debt is, what kind of debt if is or your state. I did notice surrounded by one of your other questions you mentioned a state, so the following statute of limitations (SOL) that I've listed are for that state:

Statute of limitations for your state
Sales (UCC): 4
Open Acct.: 5
Written Contract: 10

IF this is for a credit card and it 'has be 5 years or longer' since you first became 30 days late and never brought the details current leading to the charge off, later you would be out of SOL for collections on the debt.

If this was for a written contract, like a motor loan etc, then your SOL would be 10 years.

Send a debt validation letter. Make them prove that you not single owe the amount they are claiming, but also that you are not out of SOL. Send the letter certified mail return receiving. Create a paper trail.

If the collection agency, that the atty is representing, is listed on your credit reports, dispatch a dispute after you receive the green card back from sending the debt validation letter. If the collection agency verifys next to the credit bureaus before validating next to you, it is a violation.

If you are out of SOL, you are not legally bound to wage the debt. If you are out of SOL, they cannot "legally" sue. They may sue, but it would be a violation to sue on a time barred debt. If that is to say the case you can file a counter claim for that sacrilege.

If the lawyer or the collection agency is reporting on your credit reports and reporting inaccurate information - that not exact info can also be listed on your counter claims.
If they had verified near the credit bureaus before validating beside you, add that to your counter claims.

If you have satisfactory counter claims, if they sue, the ball may be in your court. They might freshly drop the suit rather then have to "pay you".

If/when they do send you validation and you "know" that you are out of SOL, you hold every right to send them a SOL letter, which roughly tells them the debt is uncollectable and to take a slog.

Go to the site that I've listed. Do some reading in the newbie forum and consequently in the credit forum. Learn your rights and how to use them.

You can also find letter sample to use.

Everything on that site is free to read and use.

It really depends on several factor especially how much you owe on this old account and if you enjoy an any other old debts that may crop up as judgements.

If the balance you owe is small and you permit the atty take all the steps indispensable to get the judgment, you can folder an answer with the court stating you've offered to pay $10/month until you are put money on at work. Depending on the balance, the judge may issue a consent sensitivity for that amount with the stipulation that it is increased when you go hindmost to work or something.

If you owe a large sum of money and/or have other debts that other creditors will be after you to collect, consequently bankruptcy may be the only alternative. If you file it will be on your record for 10 years and it can greatly affect your adjectives borrowing power and some future employers may also hold it against you if you plan to work surrounded by the financial industry. The threat of a lawsuit has no affect on whether you file or not. However, you can't avoid some things when you wallet such as past due taxes, student loans, etc because Uncle Sam always get his first.

I would contact your local Consumer Credit Counseling Service and meet with one of the counselors. They may be capable of work out something that is agreeable to all party and you can avoid bankruptcy.

Regardless of what you do, keep adjectives of your correspondence so you will have it if you do go to court. I know from my experience within collections that documentation is everything when you get to court and it almost guaranteed the atty will have his files surrounded by order so you better too.

Good Luck!!

If all you enjoy is this one debt, and it's not for a lot of money (over 10k) then I would not even consider file bankrptcy.

You don't have a job, so they can't side dishes anything. Do you own a home or other property? That may be at risk.

Keep in mind that it will cost you about $1000 to profile a chapter 7. It doesn't make sense to do this for a small debt. Just deal near the court and see what happens.

Regarding the $10 a month payment...save in mind that once you have remunerated anything on this debt, you restart the Statute of Limitations, giving them much longer timeframe to sue you.

Also, if your debt is (for example) $5000, offering $10 is a joke! You want them to wait 41 years to collect it? Of course they will turn it down. Trust me, so will the adjudicate. Anything less then $100 is not a serious bestow.