Law Suit

[sisterfunkhaus]

I just got a default judgment from Citibank. It was filed on the day my BK was filed. I called their attorney and left my info and am calling Citibank as well. Is there anything else I need to do? I know the court where the suit was filed was listed on my matrix, as was Citibank. I sent the info to my attorney and she said she would take care of it. Should I trust that they will or should I take some sort of action myself? I am just scared that the right people won't find out and they will seize the funds from my bank account. Is there any chance they can do that if they don't know about the bk yet or pretend not to know? My bank has been notified of the BK, will they keep it from happening? I'm just so nervous. Citibank does not have any of bank account info b/c I have changed banks since the 2 years since my last payment.

Also, I had a server who called my house asking for permission to serve me b/c we have a no trespassing sign. I called my attorney and she said no, do not allow him to serve me. I told him to call my attorney b/c I was in the automatic stay of BK. I gave him the info and he told me that another server told him to go ahead and serve me so that me and my attorney can get the info on who is serving me. Can't he just give it to my attorney over the phone? I mean now that I have told him I'm filing, is even legal for him to serve me? I just feel like I am under siege here!!!

[Dollar Bill]

I'm not sure.

I would assume that it would be okm if they did. You may have an add'l creditor to add to your list. It also saves you from add'l hassle if you did not get served. (ie. court dates etc etc).

I'm not sure if process serving falls under the proptection of the auto stay.

[sisterfunkhaus]

What is okm??

My attorney did say that any lawsuits are void since they would be served after the BK was filed.

are judgments usually discharged in BK? The card was 10 years old and has not had any charges in over 2 years, so there is no fraudulent activity on there.

[deafbroke]

If you have a case number call citibank and give it to them and tell them you filed bankruptcy. They HAVE to stop any attempts to collect. They may send you a "dimissall without prejudice" form and ask you to sign it. DONT! just ignore it. They are bound by Bankruptcy law to go through the bankruptcy court to object to the bankruptcy but they cannot do it any other way.

I called 3 creditors right away. One was garnishing my wages, two had court dated a couple weeks away to try to get judgements. All 3 were stopped dead in their tracks. Garnsihment stopped and didn't go to court.

DB

[Needing Help]

For those of you on this post... how long did it take the creditors to take you to court and get a judgment once you stopped paying?

[sisterfunkhaus]

Mine was 2 years on a balance around $2000. I've been told that if it's over the amount that can be done in small claims court that they are WAY less likely to do anything.

I called Citi. They just got my bk info yesterday. Their lawyer already has my info too. I a so happy about that. I feel so much better. Now I am just curious about the convo between the paralegal at my attorney's office and the process server. I'd love to be a fly on the wall for that one. She was SO pissed that someone was trying to serve me.

[sisterfunkhaus]

If you have a case number call citibank and give it to them and tell them you filed bankruptcy. They HAVE to stop any attempts to collect. They may send you a "dimissall without prejudice" form and ask you to sign it. DONT! just ignore it. They are bound by Bankruptcy law to go through the bankruptcy court to object to the bankruptcy but they cannot do it any other way.

I called 3 creditors right away. One was garnishing my wages, two had court dated a couple weeks away to try to get judgements. All 3 were stopped dead in their tracks. Garnsihment stopped and didn't go to court.

DB

What is dismissal w/o prejudice? Why would they object to the BK? I already had it paid for well before they filed a suit. It's been paid for for an entire year. We have also not charged on any card in 2 years, so fraud isn't really an option as far as I am aware. Plus, when I had 2 open cards with $20,000 in free credit, and with that particular small debt being charged up over a period 10 years or so, it would be pretty difficult to say I planned anything--I mean who plans on charging up $2000 over 10 years and then files BK to get rid of such a small debt? I just can't imagine them having any grounds for dismissal. It would be a huge waste of time and $$ for them.