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Chapter 7 and Lawsuit

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    Chapter 7 and Lawsuit

    I have been served. Without an answer probably the default judgment will be effective between April and June...

    Considering that we will be filing for bk at the end of June do you guys think it's worth to fight the lawsuit?

    What are the possible consequences? I don't think they will have enough time to get anything, am I wrong?

    Should I take steps to protect my exemptible assets?

    Thanks in advance for the advice.

    #2
    Go to court and tell them you are filing BK The judge should give you enough time to get it done before the next court date.

    Comment


      #3
      Originally posted by GWBcasualty View Post
      I have been served. Without an answer probably the default judgment will be effective between April and June...

      Considering that we will be filing for bk at the end of June do you guys think it's worth to fight the lawsuit?

      What are the possible consequences? I don't think they will have enough time to get anything, am I wrong?

      Should I take steps to protect my exemptible assets?

      Thanks in advance for the advice.
      How long did it take from the time you stopped paying before you were served? Mind saying which card company?

      It's been three months since I stopped paying, and two accounts/cards have already been closed. I think card companies may be more ready to sue these days.

      As to your question, others here have pointed out that CA courts are backed up due to mandated furloughs, etc., which could work in your favor. I don't really know that much about lawsuits and timelines to comment further, so I will leave that to others.

      Comment


        #4
        i have studied the dockets extensivly just for the reasons you state. here is what i would do. not sure what law firm sued you but they all move at a different pace to go for the default judgement. Go to the court docket. find the civil section. under search names, put in your original creditor. this will sort all cases by your creditor. then sort by date. select a case Play around in their until you can find the page that lists the name of the law firm who filed the case.If you go back several months, examine a few cases by your law firm, and you can figure out how many weeks from the judgement date to the time they file for a default judgement. as i said all are different, some move fast for the judgement, some take several months from the time you are served.
        Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

        Comment


          #5
          Originally posted by ApresMoi View Post
          How long did it take from the time you stopped paying before you were served? Mind saying which card company?

          It's been three months since I stopped paying, and two accounts/cards have already been closed. I think card companies may be more ready to sue these days.

          As to your question, others here have pointed out that CA courts are backed up due to mandated furloughs, etc., which could work in your favor. I don't really know that much about lawsuits and timelines to comment further, so I will leave that to others.
          only 3 months ?? you have plenty of time
          Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

          Comment


            #6
            I know, everyone says that -- a year, etc. Then I read online about people getting sued in 3.5 months. Maybe that is rare. I CERTAINLY hope so.

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