Asked in Bankruptcy, Civil Litigation, Collections and Contracts for Michigan

Q: Should I go to court, pay what the collection company wants me to pay, or file bankruptcy?

My house was foreclosed on in 2009. The mortgage was paid off, but there was a small 2nd line attached to the mortgage (that I didn't know about), that wasn't and I was served with papers, fall 2018. Went to pre-trial in Dec, judge told us to work it out (reasonably). The collection company is not willing to reduce anything and has rejected both the offers I've made (which were fair). This loan is over 16 years old. I need to know how to proceed. Should I tell them that we will go to court and let the judge decide? Should I accept their offer (which is no offer)? Or, should I declare bankruptcy? (I already own a house and car). My funds are very limited and budgeted every month. I don't want to ruin my credit, but won't a judgement take my credit down as well? What is the least of all evils?

2 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Bankruptcy Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You should confer with an experienced bankruptcy/collections attorney who can analyze the data you have and determine the best course of action for you. You should not attempt to represent yourself further in this matter.

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