What is the process needed to be taken to plead poverty and what are the implications?

UPDATED: Oct 19, 2011

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What is the process needed to be taken to plead poverty and what are the implications?

I have a lien on the home that my now ex-husband and I are in the process of selling but due to many unjust accumulated attorney fees there was a lien put on the home (under my name). It is stated and recorded that upon sale of home lien will be lifted but I have very little net proceeds from the house coming my way if any after the lien. The loan is paid upon sale of home. However, I don’t have any savings and much debt to both credit card and my family for attorney fees in the excess of $80,000. I am a 1- income parent (teacher) with no other living or sharing in cost of the home.

Asked on October 19, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most situations where a person's liabilities excees there assets to such a degree that there is no way for that person to get out of debt, he or she consults with a bankruptcy attorney in order to determine whether or not a bankruptcy filing and discharge will assist that particular person in starting a new way of living.

From what you have written, it appears that you should consider consulting with a bankruptcy attorney to assist you possibly in getting the debt and obligations that you have accumulated over the years off of your back. A bankruptcy filing may be the only way to get yourself out of your financial predicament.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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