Hi everyone.. ok my situation is this. I got served papers on 1/30/09. I had 10 days to give a written response. Well, that was a Friday. I had already researched Chapter 7 and I have a very simple case so I hired this online co.. called Do it yourself documents. They have paralegals that will do up the paper work for considerably less than hiring an attorney. They even have a Emergency petition.. which is what I did. Ok so submitted what I needed to the Co. and received my forms Tuesday. I then took them to the court and filed my petition. Our BK court is in another town so - ok anyways let me cut to the chase.. My petition has been filed... Do I still need to show up to court on Monday? I've read once filing a petition, all legal action will be stopped. I'm in Texas btw. Thanks for any feedback!!!
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It would be of great help if you could post how long it has been since your last payment was made and who the original creditor was, I am really concerned about this topic.
And yes, your petition does enact what is called the "automatic stay" and any creditor that violates the stay can be held liable.
If Texas is not a garnishment state, what made you want to file the BK? -
As long as you're being served from a collection agency and not the original creditor, you have no worries. Just DO NOT let them get a default judgment. If you do, then they automatically win. Go to court and dispute it. You will win. Collection agencies have no right to get money from you.
There are web sites out there that prove this. My friend has checked court house records in Dade County and has seen people win by fighting. Once they are forced to show paperwork showing that you owe them money, they can't furnish anything with YOUR SIGNATURE proving that you are in any legal, binding contract with them. The judge ends up throwing it out. I would NOT lose sleep over this at all. Tell those people to go pound sand, IN COURT. Just don't leave the summons un-answered!Comment
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If you don't have an attorney representing you for the BK, then I would say yes, you should show up Monday. The creditor will eventually be notified but you may save yourself some headaches later by showing up with your case #. If you don't show and the creditor and court has not been notified of your case electronically, you will probably have to show up later to straighten things out, so either way you should make an appearance.Originally posted by Amester333 View Post
Good Luck!Comment
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It has been about 1 1/2 years since my last payment. The Creditor is Discover card and Mann Brancken, LLC is handling their case.. I had been thinking about the BK for a while. I think being served scared me into the BK. That's fine with me.. even TX isn't a garnishment state I know that these people will be after me forever. I just want to start fresh and with a clean slate. Clear Conscience so to say as well.Comment
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I think when I got served I got scared. Anyway, Discover Card is suing and Mann Bracken, LLC is handling their case. It's been about a 1 1/2 yrs since last payment. I just don't understand the summons thing... if their is an automatic stay, then why would I need to answer? I have to file a written answer by 10:00 AM Monday. So if I wrote on a piece of paper that I file BK, and took it to them, would that suffice? Shouldn't they know I have filed BK?Comment
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It's been about 1 1/2 years since last payment. Discover card is the creditor and Mann Bracken, LLC is suing. If filing a petition, constitutes an automatic stay, why would I need to show up to court? I am to have given written notice by 10:00 AM Monday or a default judgement will be given. Do I take a piece of paper saying I file BK do?Comment
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ARg I can't post a reply!!!Comment
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Sorry everyone... I kept trying to post and it would freeze... ahah look how many times I tried... how do you delete these? My BAd!!Comment
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Why can't they speak English! Ok.. it says exactly this.. I was served on Jan 30th. It says: If you or an attorney do not file a written answer with the clerk who issued this citation by 10:00 AM on the Monday next following the expiration of ten days after you were served with this citation. Oh so to me, from that I get the 9th..This next Monday...Is that right?Comment
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Thanks for the advice!Comment
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Yeah, you can live in Texas and they'll never garnish your pay, but then any time you have a house or car with equity, they can attach liens. That's the only problem. All you have to do is rent and lease cars until you die and then you have no problems.Comment
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i just got a letter from my county court house aboing being served. it was my DISCOVER card too and collection agency filled the complaint. do i have to worry about it since i have retain an attorney?Comment
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Call Discover and tell them you are in CH 7 and give them the case number and there is no need to show up. Even if they were to get a default judgement it would get wiped out in your BK.
When I came back from filing my BK a sheriff was at my house trying to serve me papers, from Discover nonetheless. I showed the sheriff my papers and he said have a nice day and never heard another thing from it.Comment
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I wish I could get a TON of great quotes like that. I would love to print them all out on nice paper, frame them and hang them on my wall.Originally posted by Seeker40 View Post
That was SWEET!Comment
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