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Can I win against a creditors judgement if I'm on unemployment without using an attorney?
Anonymous3 views3 answers
I was recently laid off. I am about 3 months behind on credit card/signature loan debt. I've told all of my creditors that I'm unemployed and have no way of paying the debt at this time. Some have said they will get an attorney. I can't even afford to file for bankruptcy at this point so my question is... If and when the judgements come can I represent myself in court and explain I'm on unemployment, will I have a chance at winning?
No being unemployed or unable to pay a debt is never a defense to collections. You would still most likely get a judgment against you for not paying a valid debt. However if you are unemployed and have no none-exempt assets you are essentially collection proof, which means that creditors can get judgment against you all day long but cannot collect on the judgments until you get a job. You may want to still consider bankruptcy if the debt is high enough that you would not be able to pay it back once you get a job.
andra A Kuhn Esq.Chapter 7 Bankruptcy AttorneyConcord, NH ·
Just because you are unemployed does not mean that you do not owe the money. The creditor will likely get a judgment against you. The issue is what you can do for payments which the judge would need to review and decide. The creditor can seek to have that reviewed from time to time.
I can't pay is not a defense against a valid debt. Granted it may make you judgement proof for now, but judgments hang around for seven years and then they can be renewed
