Friend of mine lost her job a few years back. Bills have piled up. Shes going to file for bankruptcy. She has no car, no money, no property. Two months back she received papers regarding a "Writ of Summons" in regards to a Resolution Conference date/time/room number. This is a credit card company wanting her to pay the bill.
The paperwork says she had 15 days from receiving the papers to file a "Notice of Intention to Defend". She isn't contesting, she just cannot find work and thus cannot pay. She isn't even on unemployment and last year, or the last two I don't remember, hasn't even filed taxes.
Here is where it gets confusing..
The papers say she doesn't have to speak to the plaintiff's attorney and it won't be held against her if she doesn't. Does that mean she doesn't even need to attend this resolution conference? At the same time it also say if she chooses not to speak with the attorney and or doesn't come to terms then the case will be referred to a judge to determine if a trial will be held right then and there or if it will be held another day.
I told her to call a lawyer but they all want money, even the probono ones, just to talk to her about the details.
So here is the question. Since she didn't file her notice of intention to defend.. is anyone even going to show? If she isn't contesting isn't the judge going to pass judgement in the credit card company's favor anyway? I mean, either way, they win. Shes extremely stressed out about the situation and has asked me to go to court with her. I really don't want to take the morning off from work to go to bloody court but shes a neighbor, by herself, and desperate.
I'll consult my tax attorney tomorrow for more advice I just figured I would get some alternative points of view or people whom have dealt with this situation before. This is in Maryland by the way.
The paperwork says she had 15 days from receiving the papers to file a "Notice of Intention to Defend". She isn't contesting, she just cannot find work and thus cannot pay. She isn't even on unemployment and last year, or the last two I don't remember, hasn't even filed taxes.
Here is where it gets confusing..
The papers say she doesn't have to speak to the plaintiff's attorney and it won't be held against her if she doesn't. Does that mean she doesn't even need to attend this resolution conference? At the same time it also say if she chooses not to speak with the attorney and or doesn't come to terms then the case will be referred to a judge to determine if a trial will be held right then and there or if it will be held another day.
I told her to call a lawyer but they all want money, even the probono ones, just to talk to her about the details.
So here is the question. Since she didn't file her notice of intention to defend.. is anyone even going to show? If she isn't contesting isn't the judge going to pass judgement in the credit card company's favor anyway? I mean, either way, they win. Shes extremely stressed out about the situation and has asked me to go to court with her. I really don't want to take the morning off from work to go to bloody court but shes a neighbor, by herself, and desperate.
I'll consult my tax attorney tomorrow for more advice I just figured I would get some alternative points of view or people whom have dealt with this situation before. This is in Maryland by the way.