[DChadwick]

I have a Summary Judgement Hearing tomorrow and was wondering what will actually happen. Will I get a chance to speak? The judgement is on funeral expenses for my mother and I have been paying on it monthly to the funeral home; however, my husband has not lost his job and we are surviving on one income. Will they set up payment arrangements through the court or am I going to jail? Please Help!

[Gaylan]

I am no lawyer by any means, but did you respond to the complaint that you owed the debt? Debt is a really elusive issue and intentionally so. The fact is that most people have debt problems because they don't know how to respond to these debt collectors. Fact is MOST unsecured debts can be challenged. If my mother was buried, and I owed a debt to the funeral home, I would challenge them if only to accept a much lower monthly payment, or be forced with months of litigation. Most creditors just want to get their money, the best way is to offer what you can afford, if they decline it, then that is default on the creditor, and usually the remedy is forfeiture of their claim.

Summary Judgment on an unsecured debt can't really do much in some states. We do not have a debtors prison. Some creditors might try and take something of value that you might own in lieu. BUT I wouldn't give them anything without a serious fight.

[ScottGem]

Lets get some real facts here. First, debtors prison ceased to exist in the 19th century. You will not go to prison. Second, it sounds like you had a payment agreement but you could no longer keep it up. So to protect themselves they filed for a judgment. Third, this is not unsecured debt since it's the result of a specific contract for services. Debts can only be challenged in terms of validity. The creditor needs to have proof that you incurred the debt and didn't pay it. With a contract for funeral services I suspect they have that documentation. There is no issue of "months of litigation" here. If they can prove the debt is valid and unpaid, they will get a judgment. However, my feeling is that they will be willing to negotiate a payment plan afterwards. I think they are going for the judgment so they don't have to start with a judgment if you renege again. Or it could be a Statute of Limitations thing, where they need to file now.

To answer your question about the hearing, you will get a chance to speak. But poverty is not a valid defense. Unless you can prove the debt isn't valid they will be awarded a judgment. That judgment may be used to garnish your salary or attach other assets. But, like I said, I think they are going for the judgment now to protect their interests and will be willing to negotiate once they get it.

One key here is whether you are being sued by the funeral home ow whether they sold the debt to someone else. That could change things.