Served with a Summons - Help!

Hi everyone. Well they found me at work! I got served today. I was hoping to slip by until the 1st of Feb, I'm about $400 short for atty fees in order to file BK 13 so I was going to have to wait until Feb to hire my atty. Today I was served a Summons to appear in court, Feb 4, for "Pretrial Mediation" to settle this debt. Now what? Geeeez It's with American General for $900 and not sure what to do now? I get paid monthly so I won't have the rest of the atty fees until 31 Jan. Not sure what to do now. If I hire the atty on 1 Feb, can I go to court on Feb 4th and advise them that I have hired an atty to file BK 13? and will that stop the suit? Any help/advice is greatly appreciated!!!

You don't have to do anything.

You are filing BK, correct? If you are certain to file BK, there is nothing you need to do.

What will happen is since you were a no show at the mediation, the mediator will rule in favor of the creditor...the creditor will then take that mediation award to the local court and file a Motion to have it turned into a judgment. Note...all this takes time.

Telling them you hired someone won't do much. You need to file, to stop their action. Like HHM said, this stuff takes time. What I would do is start gathering all the documents your lawyer will need, so when you walk in to pay him you'll be prepared to file right away. Depending on how busy they are it could be 2 or 3 weeks for them file.

Be sure your bk lawyer knows about the legal action and can include it in the bk.

I have not missed the mediation, it's Feb 4. If I understand.... are you saying that I really don't need to go? This is a local creditor and they are pretty quick about things. Yes I am filing BK and have everything together, ready and waiting. I just don't want them garnishing my wages....Thank everyone, just such a nervous terrible time. My nerves are on edge and just want this over!!!

Look at it this way...going to the mediation is not going to SLOW down the process, so whether you go is meaningless. (unless you actually have a defense to the creditors claim). So stressing over whether you should or should not go is pointless because you are in the same boat either way.

You have roughly 3 weeks before the mediation...it will probably take the creditor another 1-3 weeks to get the judgment (maybe longer) after the mediation, and then another 1-3 weeks before a garnishment could be levied.

Even on the short end of the timeline, sounds like you would be able to, or just about able to file anyway, so I wouldn't worry about it, and the BK will stop the garnishment when/if it happens.

Thank you so much, that gives me some piece of mind. I called my atty today, I have an appointment for Friday. Hopefully he'll work with me for the remaining $400 and we can go forward. You are right, nothing I can do at this point is going to really change things....I'll try not to stress to much!!

Also, if I don't go, is the judgement automatic? This is a "mediation", not a trial, etc. Will they have to file again to go before the judge to get a judgement?

Thank you so much, that gives me some piece of mind. I called my atty today, I have an appointment for Friday. Hopefully he'll work with me for the remaining $400 and we can go forward. You are right, nothing I can do at this point is going to really change things....I'll try not to stress to much!!

Also, if I don't go, is the judgement automatic? This is a "mediation", not a trial, etc. Will they have to file again to go before the judge to get a judgement?

Unfortunately, that answer is specific to how your court system works in your state. Also, do you know if this mediation is part of your "court system" or merely private mediation (as part of the contract with the creditor). Most state courts have a required Arbitration/mediation path for cases that fall within certain guidelines. If this is court arbitration, then that means you have been sued. However, either way, the judgment is not "automatic" in the sense that the next the day the creditor can have a judgment in their hand.

I'm definitely being sued through court mediation/arbitration. The Notice to Appear/Summons states "Notice to Appear for Pretrial Conference/Mediation". It also goes on to say "The defendant(s) must appear in court on the date specified in order to avoid a default judgement." "This case will not be tried at the pretrial conference but may be mediated at that time". There is no doubt I'm being sued. So I can assume that they will have to file again to get a judgement? This will give me and my atty time to file,...... right?

If they have scheduled a pretrial conference, have you answered the complaint?

No I haven't answered it, just received it. I will meet with atty on Friday and see what he says.