Friday, January 13, 2012

I'm being sued - what are my options?

I have about $20k in unsecured debt that I willingly took during a divorce settlement in 2005 to get away from a man who was abusing me; using drugs; and was afraid he would kill me. The judge ordered him to pay only 2 of the cards (one of which was a joint account). Now he hasn't paid and I was served last week and am being sued for about $10k. (the orginal debt at divorce was only $6k) I'm seeking an attorney but was told that basically my wages would be garnished and I will have to sue my ex since he failed to hold me harmless of the debt he was ordered to pay. I fear filing bankruptcy as I have 55% equity in my home and I live in a state where the bankruptcy trustee can take my home and sell it even if I don't want to include my mortgage in my bankruptcy. Does anyone have any advice? Do you know if I file bankruptcy and the trustee decides to sell my home, can I then back out? I have 2 young children and I don't want to lose our home!!!

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