Summary
You can represent yourself in court for a civil judgment in Memphis, TN, but having a lawyer can be beneficial. If you cant afford one, seek free legal aid from organizations like Memphis Area Legal Services. You can negotiate directly with the creditor even if they have an attorney. If a judgment is passed, the court may allow a payment plan based on your financial situation. Wage garnishment, home, and car seizure are possible but have limits. Consult a local attorney for detailed advice.Full Conversation
Are you an attorney?
No, Raina. I am not an attorney but I can provide general legal information. Can you tell me more about your legal issue?
A civil judgement has been filed against me for a loan of $*. Do I need a lawyer in court with me?
Hello Raina, having a lawyer can be beneficial in court as they can help you understand the process and navigate the law. However, it's not mandatory. Could you please provide your location so I can give more specific information?
Memphis, TN
Hello Raina, in Memphis, TN:
- You are allowed to represent yourself in court ("pro se").
- For civil cases, it may be beneficial to have legal representation, especially if the other party has it.
- You can seek free or low-cost legal aid in Tennessee if you can't afford a lawyer.
I can’t afford an attorney
Hello Raina, in Tennessee, there are organizations that provide free legal aid. Two of these are:
- Memphis Area Legal Services: Offers free legal assistance to low-income persons.
- Legal Aid of East Tennessee: Provides legal assistance to low-income individuals.
You can also try to negotiate the debt with the creditor directly.
I can negotiate with the creditor directly even after they have an attorney?
Yes, Raina, you can negotiate directly with the creditor even if they have an attorney. This is often called "debt settlement." However, the creditor is not required to negotiate with you. Also, be aware that anything you say could be used against you.
That’s a little scary. If I do end up going to court will I have the option of a payment plan that I can afford?
Yes, Raina. If a judgment is passed against you, the court may consider your financial situation and may allow a payment plan. However, it's not guaranteed and depends on the court's decision.
Can they take my home or car or garnish my paycheck for such a small amount?
Hello Raina, in Tennessee:
- Wage garnishment is allowed, but there are limits.
- Your home could be at risk if the debt is secured by it.
- Your car can also be seized, but there are exemption limits.
Remember to consult a local attorney for specifics.