filed but being sued

[Teri]

I promise---last question

We filed our paper work last Friday. We had got a summons a week or so ago from an attorney representing Wells Fargo Vinancial Visa sueing us. Do we have to show up in court with a copy of our bankrupcy. I called the court house and they said they didn't know. I know that this will, hopefully, be discharged; but I don't want to not do something so I have to do more later. Know what I mean?

[StaciMM]

From what I've read/heard... It would be in your best interest to go to court, with your BK notice, so that they don't enter a default judgement against you. In the end, the creditor would not be able to use the judgement against you, as the debt is heading for discharge, but the judgement would show as a public record for 7 years.

[FloridaGirl]

Teri....go, go, go!!! There are no guarantees that the suggestion of bankruptcy will reach Wells Fargo's attorney before the court date. Even if it did, the chances of them admitting to receiving it are slim and a judgment will still be entered. If you go, you can explain to the judge, or mediator, that you have filed for BK. If you have an attorney name, and a case number, all the better. It is so important to cover your bases. Absolutely, positively go to court.

[butterflyness]

Yeah i think it would be wise. Talk to ur lawyer though if u have one for sure. I remember mine telling me that if anyone is trying to sue me, because at the time i was filing everything against me would stop. He said even if i had to be at court the next day, they cant sue me.

[joefromky]

Sorry but they can still issue a civil suit against you. I just went to court to have one set aside due to filing bankruptcy.

Thing is the civil court doesnt care or just didnt know even after me notifying them of the bankruptcy and calling the creditor.

Things just dont "stop" when you file. They should but they dont, thats why they give the creditors 2 months to respond, people arent notified instantly and things can slip through.

[Minera]

Well in my situation, I filed a week after receiving a summons that I was being sued, and the case within a week thereafter stopped, I received noticed within about two weeks of that from the lawyers for the creditor that they were withdrawing their suit pursuant to the bankruptcy stay law. Best thing to do is if there was a court day already set, have you submitted an answer to the lawsuit yet? If not, submit that you have filed for bankruptcy and they are listed on the creditor matrix. That should stop the lawsuit.

[accentone]

Teri, kind of spooky, especially without an attorney to get you through this. Personally, if I got a summons, I guess I would show.

[Teri]

Okay - I am really stupid! I just read the summons. There is a answer form attached to the complaint. It states that I should file the answer before the court date or appear at court. It also states that I have to pay a filing fee to answer this complaint. This doesn't seem right. Ah well - guess I will fill it out and send it certified mail. I will go if need be, but my situation makes it difficult. I work in the "city" and live 40 miles from work. The court is in a small town 20 miles the other way from where I work. Guess you gotta do, what you gotta do. I should have paid the lottery....how many other peoples credit cards have moved this fast -- I quit paying on the credit card in May and in August they were starting a law suit!

[sunshine08]

Terri, 3 months is the right time period, especially if they have not heard from you regarding a repayment plan, etc. If you have more than account with the same company then that would explain the quickness of them going the civil route that much faster, in hopes of either trying to get you to pay or to secure that in the future they can get paid for the debt.
Any time that you are served with any court documents, you are obligated to appear and "defend" yourself, failure to do so states that in essence you are guilty. Don't always on this, assume that your attorney will handle this, that is not what you are paying him for. You could call the law firm handling the case and notfiy them directly of the bankruptcy (write down the date & persons name you talked with), they may say they will withdraw (saves you from having to pay to "answer" the petition.) BUT, you still need to check with the court and get "an official" ending to this case. (we paid the one case we had the summons with and asked the creditors attorney to notify us when they received payment etc., welllllllll I am still waiting almost 4 years now) You can also follow this up with a registered letter following up to your conversation, "I called, spoke with, ..." THis would also depend on your time frame of when court is scheduled. Also check on Pacer to make sure that the initial creditor has been notified and when, include this in your conversation and/or letter with the attorney's office. They are just trying to make their commission and if they think you are going t oappear in court with this information, then they won't expend anymore of thier resources to defend what would be a waste of time.