They Are Out To Serve Me...should I...?

[Dollar Bill]

A tenant of mine mentioned that a constable was out to see me last night. I am assuming the lawyer representing the bank is trying to get me to court.

What now?

Does anyone know the process of what happens if they catch up to me? I know there will be a court date etc.

Would it be time to file at that point or befor the court date?

Any experiences?

[Knew_it_all]

What now? Once you are served, you will have a period of time to <answer> the Plaintiff's complaint. Failure to answer in a timely manner might possibly set you up for a default judgment. BTW, generally the process server doesn't have to physically find you. Leaving it at your last known address or publishing in the local paper can suffice under some circumstances.

The process depends on which form of Civil Procedure your state follows. Most states follow Federal Law in these matters and there is a lot of information on Civil Procedure on the internet. Google your state and <civil procedure> and you should find out exactly what to expect.

If it were me, I would answer any summons and let the Plaintiff know that I am in a non-asset Chapter 7 state of mind. That will probably get the Plaintiff thinking if they really want to throw any more money at this. Of course, don't threaten that unless you are indeed prepared to file bankruptcy.

I personally answered a few summons from different creditors before I went Chapter 7. It actually was a lot of fun, I got a great education in civil procedure and I knew if I messed up I was going Chapter 7 anyhow. Good luck

[TomBrady]

I did the exact same thing a knew_it_all. I found it to be fun also, I did threaten them w/ch 7 and they would not listen. I offered them a deal at 1/3 what they where asking (which was still a lot more than the actual debt) and they refused. I told them fine then I will let their lawyer fees pile up as long as I could until I filed.

BTW, just for personal fun I send them a notice of bankruptcy for me everyday. I am certian that it is bugging someone down there.

[Dollar Bill]

Thanks for the info. I will Google the "Civil procedure." I live in CA, the rental prop is in TX. I wonder if I will need to abide by the rules of that state?