Not quite ready to file...got served summons

[lostinflorida]

I am trying to hold off until the first of December to file Bk, however when I got home this evening, I found a card from the sherrifs dept stuck in my door saying that they are trying to serve me with court documents. So, apparently, we are finally being sued by one of our creditors. What should I do next, other than consult an attorney. I will be doing that shortly, but in the meantime, after I get the documents from the process server, is there something I can do to try to hold off the suit?

Also, what is the avg wait time once you make contact with a bk lawyer to actually get in to see them, and if you are happy with them and have the money to file, how long will it take to actually get the bk filed? I've read about so much paperwork being required, just wondering what to expect.

[GreenInkOnPaper]

The wait time on the attorney really depends on how quickly you get the paperwork back to him/her, and what method of data entry he/she uses. Some do the online thing, others input into a spreadsheet type form and submit that way. You do have 30-45 days to answer the summons, I believe. If you are for sure filing, I wouldn't lose much sleep over a judgement. It'll just be another debtor in your creditor matrix.
Oh, and once you do file, the automatic stay stops ALL collection activity, including creditor/collection agencies lawsuits.

[lostinflorida]

Judgment/summons

Thanks, GreenInk, I was kind of wondering about the lawsuit thing, what more damage could it do to my credit? My husband and I are keeping our homestead property, but we live in Florida and so it is protected by the homestead law for this state and we have no wages to garnish and by the time they got to that point, I would imagine I would have the bk filed and then the judgment should be wiped out... Correct? or am I missing something?

They can't touch our bank account can they? Not sure yet who is suing, but whoever it is, they are not the company where we have our bank account.

[GreenInkOnPaper]

No garnishment without a judgement. No one can arbitrarily go into your bank accounts and take money, without some sort of payment arrangement that you agreed to. I'm saying that Bank of America cannot get into your account at another bank and take money without a court order to do so. Good Luck!

[AngelinaCatHub]

I am trying to hold off until the first of December to file Bk, however when I got home this evening, I found a card from the sherrifs dept stuck in my door saying that they are trying to serve me with court documents. So, apparently, we are finally being sued by one of our creditors. What should I do next, other than consult an attorney. I will be doing that shortly, but in the meantime, after I get the documents from the process server, is there something I can do to try to hold off the suit?

Also, what is the avg wait time once you make contact with a bk lawyer to actually get in to see them, and if you are happy with them and have the money to file, how long will it take to actually get the bk filed? I've read about so much paperwork being required, just wondering what to expect.

[fltoo]

I got served in FL (Chase) and had 20 days to respond. Your paperwork will tell you how long you have. I would not respond and let them get the default judgment, since going to court and responding allows the judge to ask you all kinds of personal financial questions. Then it took 3 weeks for them to levy a bank account. I had already closed the account so then they had to release the levy.

You probably have time to file, but if you don't, a judgment is no big deal if you're not concerned about wage garnishment. I emptied all accounts and paid items with money orders. They are free at Amscot.

I feel it is more important to plan your BK, so don't rush just to avoid a judgment. They can be harmless and vacated in the BK.

[Tbornetun]

You have 20 days to respond in MN as well. I think it will depend upon your state.

[TEW]

I am trying to hold off until the first of December to file Bk, however when I got home this evening, I found a card from the sherrifs dept stuck in my door saying that they are trying to serve me with court documents. So, apparently, we are finally being sued by one of our creditors. What should I do next, other than consult an attorney. I will be doing that shortly, but in the meantime, after I get the documents from the process server, is there something I can do to try to hold off the suit?

Also, what is the avg wait time once you make contact with a bk lawyer to actually get in to see them, and if you are happy with them and have the money to file, how long will it take to actually get the bk filed? I've read about so much paperwork being required, just wondering what to expect.

[epiphany]

The whole suit process usually takes about three - four months from when they actually filed the suit, not necessarily from when you are served. If you had a December 1st filing date in the bag, it would definitely be no sweat. If you have a case number for the lawsuit, then you can go to the Superior Court website for your county and keep track of all activity in the suit.

But since you haven't even consulted an attorney, you need to get that ball rolling. I wouldn't count on a December 1st filing date. It will take some time to do the paperwork and not all attornies will file immediately after you turn in the paperwork---mine took a month to do so and he did file electronically. You also need to complete the pre BK counseling course if you haven't already.

And since you haven't seen an attorney yet, you really don't know what monkey wrenches may complicate your case---I hope nothing but I don't know your situation.

There are ways to prolong the suit outcome if you answer the summons (I think you can request debt validation which would buy you some time---search this forum for ways to draw this out if that's what you need) If you really are going to file as soon as you say, then you don't have anything to lose by answering the suit, because as soon as you file, the automatic stay will be in place. If things don't go as you planned regarding the timing, then as another poster said, you may not want to answer the suit. You need to figure out what's best for you.

If you can avoid a judgment great, but if you do get a judgment and your BK is successful, then you can go back and vacate any judgments. Your first order of business should be to find a lawyer you feel comfortable with and go from there.

Good luck,
ep

[debtmonster]

If you've been served, here's some good reading material:

http://www.attorney-in-alabama.com/not-pay-debt.html

That should buy you time until the day you file. I would do what it says on that web page to prevent a default judgment. A lot of stuff on that web page applies to other states.

[lostinflorida]

Please Clarify

Wow, it's a good thing I asked about this. When I got home and found the card left by the sherrifs dept, I called the number to tell the lady who is trying to serve the papers the hours that I would be home. Turns out that my available hours don't fit in with her work hours. They asked if I could just come and pick them up at the courthouse on Friday, and I said yes because I don't have school that day. So, if I'm understanding the advice given here,that would be a really dumb move on my part.

At what point can the lawsuit go forward if they never catch up to you to serve the summons? I am totally clueless on this subject and appreciate any advice I can get. I'm sure there has to be a way for them to sue you without serving the summons.

We live in Florida if that matters any.

[2Bshinyandnew]

My ex husband was sued by Chase as well. Chase filed the complaint somewhere around the middle of June 08, he was served by the sheriff's department at his address about 20 days after the claim was filed. One he was officially served, the subpoena listed the date and time of the pre-trial conference which was nearly 100 days after he was served. He had 20 days to answer the petition if he was going to file an answer.

He did show up for the pre trial hearing, and asked the judge for more time to seek counsel. The judge did grant a two week continuance. The lawyer he retained said not to bother showing in two weeks, so a default judgment was entered. His attorney explained that the judgment was pretty meaningless for him since in Florida if you are the head of household and a creditor who has a judgment against tries to garnish your wages, you can fill out a form and/or appear in court saying your wages are exempt from garnishment if you have dependents. My ex has no personal property a creditor would be interested in, except a 2000 Honda Van with 130,000 miles on it a broken AC, and smells (well, I think it smells ) I suppose he could have had his checking account garnished if they had a chance to get that far and find it, but that was unlikely because he had changed banks a few months ago so Chase wouldn't have had any checking account info that was easily accessible.

My ex officially filed a CH7 bankruptcy petition today, so once my ex has his debts discharged, he can have the judgment vacated.

Chase was the only creditor that sued him, and he owed them $3000, the least amount of any of his creditors.

If you are NEVER home or available I believe you can be served by mail.