Bank Statements

[kf7]

I have a judgement ahead. The summons was left on my front door mat. In CA, this doesn't seem to be a proper legal service. But of course, I can't prove I was never served. I checked court records online, and sure enough, they filed that I was served. I have 30 days to respond.

I live in Los Angeles County. I need to file Chapter 7, no asset, all unsecured, pro se. I was going to file last week, but when I started reading the bankruptcy forms, I decided to wait. I need to clean up a few things on my bank statements. I understand trustees will usually ask for the current month's bank statement and then go back 3 more months. So I wanted to wait 4 months before filing.

But now with the judgement ahead, I may only have 2 choices:

1) Make the necessary changes to my checking account now and hope I can get a few more statement periods before I get the judgement and have to close it. But this may not help, since the trustee will usually ask for 3-4 prior statements. I doubt I have this much time.

2) Close the checking account now and wait a year before filing. Then hope the trustee won't ask for the back statements because the account has been closed for more than a year. I don't know if closing the account more than a year before filing reduces the chances the trustee will ask for prior statements.

Thanks, any advise or suggestings would be appreciated!

[dingdong]

You may be able to file a motion to quash the service of summons if service is defective. IF you do get a judgement , you could argue that the judgement should be vacated due to improper service by filing a motion to quash and then a motion to vacate judgement.

[catleg]

Try this: http://consumers.creditnet.com/Discu...tml#post468425

Check the Collections board here also I think HHM covers the same idea.

[Trixie007]

Sorry, I have no answers for you, but I'm wondering if you would mind posting what type of debt you received the summons for (creditor if you like), the amount of the debt, and how long since your last payment? I hope that's not too personal for you, if it is, just ignore me! I only ask because there are always questions on this forum from people wondering how long they can go before getting served, so every example helps! Thanks.

[TEW]

Don't even worry about the judgment if you are filing very soon. they will be taken care of in the BK

[maxfax3]

Sorry, I have no answers for you, but I'm wondering if you would mind posting what type of debt you received the summons for (creditor if you like), the amount of the debt, and how long since your last payment? I hope that's not too personal for you, if it is, just ignore me! I only ask because there are always questions on this forum from people wondering how long they can go before getting served, so every example helps! Thanks.

A bit off topic, but for me the collection agency filed suit against me exactly 2 days prior to the SOL running out... In PA that's 4 years... This was for an 8,000 cc debt....

Ironically my hearing is this Tuesday at 10am where they will get their default judgement... I have an appointment with the laywer at 1pm to sign and file the ch7 paperwork..

[kf7]

dingdong, the problem is that the process server signed an affidavit swearing that I was served. So unless I can prove otherwise, the court will say I was served. I can't prove I wasn't served, because I was home peeking out the peep hole. So the process server has got me, because I can't prove he's lying. But I might be able to use your info to stall. Thanks!

[kf7]

catleg, thanks for that thread! There looks like quite a few ways to stall that judgment.

[kf7]

Trixie, thanks for your reply. Here's the info:

Debt:
Capital One
Credit Card limit: $2700
(but on credit report it says I owe $5099 -- But suit is for $3452.31)
Date opened: 11/1996
Date of last payment: 10/2006
Date Major Delinquency First Reported: 7/2007
Charge Off Amount: $3452

I don't know who is suing me? Bill Collector or Capital One?
The summons left on my front door has a sheet attached to the front from Patenaude & Felix, A Professional Law Corp. The sheet says, "This communication is from a debt collector." But the court case says, "Capital One Bank U.S.A VS. ME. So who's suing me?

[kf7]

Speaking about the SOL... On my credit report, 2 of my credit card accounts were sold to LVNV Funding LLC by Capital One ($1193) and GEMB/LOWES DC ($865). LVNV Funding has added their own negative info on my credit report. So now I have 4 negative entries for 2 debts. Capital One shows Current Status as Pays 91-120 Days but shows Activity Description as Transferred/Sold (to LVNV). Lowes shows Current Status as Charge-Off and Account Status as Transferred/Sold.

Here's the problem: LVNV appears to have reset the dates for the SOL. With Capital One, the date of last payment is 11/2006 and Date of Major Delinquency First Reported is blank. Now LVNV adds their own credit entry (I'm looking at Equifax) and reports Date of First Major Delinquency as 11/2008 and not the original 11/2006 from Capital One. And they did the same thing with the Lowes account. I think they're resetting the SOL date. Also, in Equifax, they're not under Revolving Accounts (credit cards) but under Other Accounts. The type of loan is reported as "Factoring Company Account (debt purchaser)."

Can they add another negative credit entry in my credit report? So now I have 2 negative entries each for the Capital One and Lowes debts. Also, can they reset the SOL from the original credit card company? This doesn't seem legal.

Thanks!

[brokenbuthealed]

What is it about your bank accounts that you need to clear up?

[optimistic1]

Wow that sure took them along time to finally sue, last payment in Oct 2006, almost 2 years and 3 months. That sounds re-assuring to me considering I am waiting about 9 months to file until my baby is born. And I have two capital one accounts.

[Trixie007]

Thank you KF7!

I appreciate you putting your info out there to kind of give an idea to others... even though it may go differently for someone else.

[catleg]

Yeah what's on the bank statements? Deposits?

[kf7]

What's on my bank statement that might prevent me from getting a Chapter 7 discharge? I may be over analyzing, but I'm paying on 2 credit cards that aren't in my name. They're kinda of shared accounts with my dad but most of the charges are mine. But the cards aren't in my name. They're in his. Since I've been using Washington Mutual's bill pay thingy to pay them, the credit card payments show up on my checking account statements. I'm thinking the trustee might say that I shouldn't be paying these cards, since legally they're not my debt. He might say that my first obligation is to pay the cards in my name and might consider the amounts of these payments as extra income (since its not going toward paying living expenses or MY debts), which would put me in excess of the $167 over expenses, so he could deny the BK filing altogether. I don't want to risk this.

So I want to start paying those cards with money orders and get them off my checking account statements just to be safe. But with the judgment coming in a few months, I'm pretty sure I won't have enough time to get the 6 months worth of back statements with those payments off my statements. So now I'm thinking about closing the account and waiting a year and then filing hoping the trustee won't ask for any bank statements, if the account was closed over a year ago.

I was thinking about stalling the judgment to get more cleaned up bank statements, but I doubt I could stall for that long. If I go to court and say I wasn't served, I'm pretty sure, when I show up, they'll just serve me then.

I started looking at that idea of using only cash, money orders and prepaid debit card. Walmart wants something like $9 for the prepaid Visa or MC card and then $4.64 every time I add cash to the card. I can add between $20 to $1100 at a time. It's a good deal, if I add the $1100. But it's expensive, if I can add only $100 at a time. And Walmart wants $3 per money order. I'd have to use money orders to make the 2 credit card payments, when I close my checking account. And I could use the prepaid card for utilities bills.

So with a judgment coming my way, I'm getting ready to go underground in a financial sense.... But I'm really getting fed up with this whole thing. My parents are getting bombed with collection letters for me--that's how they found out about this. My neighbors are getting 3-4 calls per day asking where I am? They're really p*ssed at me. That process server who claims he served me was pounding on my door so hard and so long that my neighbors came out and asked him what the problem was....

And I'm just curious.... If I close my current checking account at Washington Mutual, and then open a new one there, do you think, when Capital One gets a judgment, they'll be able to find the new account? I may not be able to open an account anywhere now with bad credit (Trans Union score 495). But once I asked Washington Mutual, if I could close my account and open a new one. The guy checked my account and said sure. So there was no credit check and they gave me a new account number. Do you think this would hide the account, if it's not reported anywhere?

Thanks for your help.