bankruptcy unpaid wages
What can I expect on my court date? (Illinois)?
I was served a summons for an unpaid medical bill (7660 + legal fees). I have a court date next week and was wondering what to expect. I am low income and live paycheck to paycheck.
I spoke with legal aid who give phone advice to low income individuals and she said a judgment will be issued against me whether or not I go to my court date so I didn’t need to bother going. I think it’s something I should still go to since it sounds important.
I qualify for food stamps, but do not take them. The lawyer said since I make below 45x minimum wage they cannot garnish my wages. She also said since I have no assets and money in the bank they can’t take anything. I’m current on all my other debts.
What can I expect to happen in court? I’m not deliberately not paying them, it’s just I don’t have the money. I’ve tried contacting them to see if they will work with me but have not received a call back.
Will I have to file bankruptcy?
Just because you may or may not be “judgment proof” is not a valid reason not to go to the hearing and I can’t believe someone at legal services would tell you that.
Why? Because you know what will happen if you don’t go (99% judgment entered against you) but if you do go, you may raise a point that is interesting or concerns the judge (fraud, lack of good faith on collector’s part, etc.)
I’m not advising you to do one thing over the other, but it’s likely that if they do enter judgment against you, the Plaintiff will try to find any way they can to “attach” a lien against real property you own (subject to Illinois and federal homestead exemptions), assets you acquire, etc. If you file bankruptcy, you don’t have the debt lingering over your head, but at the same time, you MAY lose some absets to the bankruptcy trustee.
Just some things to keep in mind. Good luck!
This is not legal advice and I am not an attorney licensed to practice law in your state. If you have any questions whatsoever about your situation, you should consult an attorney for advice.
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