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answering a summons

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  • answering a summons

    I finally got a call back from my attorney in regards to a summons I received from Capital One suing me. He started giving me instructions on how to write an Answer to the Complaint and then got cut off halfway through the call. He took down my email address, I was assuming because he was going to email me some instructions? I called the office back but got his voicemail. I have no problem writing the answer, but isn't that why I have an attorney? Granted, I am using my work's legal plan to cover my fees for the BK, so he probably isn't making much money off of my case. I'm just frustrated because it's been a few weeks and now I'm up against the deadline time-wise to get this thing written and filed. I'm just a little bit peeved right now.

  • #2
    Unfortunately this is not unusual. It is a shame that this happens but we had a gut full of what you are seeing. We penalized our lawyer by addressing the Court to go Pro se. She lost a day of her business, but the Judge suggested that we were already through and it would complicate things to continue.

    Remember, they are very busy these days. 'Bammynomics you know, but keep trying. You have time to make an answer. Please do answer and stall as long as possible. A Judgement is a nasty thing. GO there and get your instructions in person. When do you plan to file bk? This will toll every action. Best I can do for now. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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    • #3
      Are you sure it's Capital One that is suing you (not a JDB)? If it's s JDB it's totally doable to fight (and win) Pro se.

      Also have you paid your lawyer separate for helping you with your lawsuit? It shouldn't be assumed he will without a separate fee (if you're wanting his help in fighting this).

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      • #4
        You usually only have 20-30 days. If you do NOT answer, or appear in court on the appointed day, the creditor will get a Default Judgment against you, and that is harder to get taken care of.

        Even if you don't have a written answer, go and APPEAR in court, in person, if it isn't too late already. If you go to court, say that you neither admit or deny this debt. Ask the plaintiff for proof that you owe the debt. That will stall them for a while.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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        • #5
          A couple of years ago I was being sued by two of my creditors. This finally motivated me to action, that I'd have to do something about my mountain of debt. I also knew that if I didn't show up, a default judgement would be obtained.

          So I went to court and said that I really wasn't certain how I was supposed to fill out the forms I had received in the mail (they were interrogatories and requested that I provide personal financial statments.) I was able to obtain a continuance. This of course allowed me enough time to retain an attorney, who had me file just before my next court date, and wrote a couple of "suggestion of bankruptcy" letters for me.

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