Sued by creditor

[Flying Monkey]

My discharge was on 09/09/2008. I listed all my creditors, but i am now being sued by one of them. It is a credit card company Dillards, who is now owned by GE Money Bank. On my listing of my creditors i listed the card as Dillards not GEMB/Dillards. The amount ($) listed on the petition is the same amount that i am being sued for. The card number and address are the same also. I just wanted to know how much of an issue it would be because it was not listed the same on the petition as it was on the credit report? and what should i do, since i completed my BK petition Pro Se?


Any help would be wonderful.. Thanks.

[LegalBeagel]

A call to their lawyer may be all that is needed. But, to be on the safe side, you will notice that the Summons directs you to file an Answer within 30 days (usually). File an Answer in the county clerks office, and state that you do not owe the debt because it was discharged in bankruptcy. Give the case no, name of ct., and date of discharge in your answer.

Your bk atty. may do this for you, or he will probably know a lawyer that can file a quick answer for you if you don't want to do it, or if you have questions specific to your jurisdiction.

[HHM]

This is easy, simply mail a copy of your discharge order and list of creditors to the attorney listed on the summons with a cover letter requesting dismissal.

In the alternative, you can simply file a Notice of BK at the court in which you were sued.

[Flying Monkey]

Thank you very much. That is the information that i have been looking for. I will keep you posted with any and all information that i get.

[AngelinaCatHub]

We are being threatened by the phone company. It is turned off and in collections. This is what I am intending to do. Give them a copy of my discharge and let them sort it out. We don't need a phone. Much quieter around here too. 'Hub