In CA...Got our first summons today...help?

[2manybills]

Definitely answer the civil complaint. How soon are you planning to file? There are many forms on the Riverside County website that will help you prepare the answer.

You can PM me if you would like and I'll get you the forms you need.

My niece who just recently had her 341 just received a mtn to lift the stay from Chase on her mortgage.

[liz417]

My niece who just recently had her 341 just received a mtn to lift the stay from Chase on her mortgage.

Chase seems kinda aggressive lately huh? It seems like I'm reading more and more about Chase filing cases....hmmm.....

[2manybills]

That's what I'm hearing. From what I've heard the banks were kind of waiting until after the first of the year, but who ever knows if that is true or not.

[AllMyFault]

Definitely answer the civil complaint. How soon are you planning to file? There are many forms on the Riverside County website that will help you prepare the answer.

You can PM me if you would like and I'll get you the forms you need.

My niece who just recently had her 341 just received a mtn to lift the stay from Chase on her mortgage.

I really don't have a 'set' timeline; it really just kind of depends on home values and where they appear to be headed.
Question: would you feel comfortable answering the complaint on your own without help?
Is the form sort of a 'cookie cutter' type form...as in, can't really goof it up?
Thanks...much appreciated. I'll PM you for sure.

[AllMyFault]

can someone please clarify: What is a DV?

[ImmortalfWd]

Chase seems kinda aggressive lately huh? It seems like I'm reading more and more about Chase filing cases....hmmm.....

They moved quickly on me on a $4500 credit card, they used Ziwicker and Associates, but the summons itself listed Chase as the plaintiff. I stopped paying the card in March of last year, they served me in October. Funny this is I have another loan for $10000+ that I haven't paid on since the same time and that barely got passed to a collections agency.

[gacreditguy]

can someone please clarify: What is a DV?

Debt Validation letter.. However, this is not what you need to do now.. You need to get the answer completed and filed. Be sure to follow procedures to assure this is done correctly.

[blockhead]

Citi and Amex

Chase seems kinda aggressive lately huh? It seems like I'm reading more and more about Chase filing cases....hmmm.....

In my case Citi and Amex sued, the others were maybe getting ready to.

[liz417]

They moved quickly on me on a $4500 credit card, they used Ziwicker and Associates, but the summons itself listed Chase as the plaintiff. I stopped paying the card in March of last year, they served me in October. Funny this is I have another loan for $10000+ that I haven't paid on since the same time and that barely got passed to a collections agency.

Oh okay, one of the Moderators here (HHM I think) said that CCs tend to move faster for balances under $5k...don't know why.

[OutofTime]

Interesting since im in SoCal as well and not been paying my chase 9k balance since July 09 but I did receive a letter from their LA office saying they have the green light to file suit. I'm not too worried either way since I have my money ready for my attorney and will file first week of April. Good luck to you though with Chase, they were one of the cc's that got me fed up with trying to pay off my balances.

[walkthaplank]

Yes, this is a official legal doc from the court titled; Summons.
On the second to last page of the summons there's a page / document titled; Notice Of Order To Show Cause Hearing
It says; "You are hereby noticed to personally appear on 03/03/2011."

According to Zillow and a local real estate agent that knows the area real well we still have about 35k in 'excess' equity. We're hoping that it comes down a little more and hopefully a trustee won't bother with it.

If this is an "Notice of Order to Show Cause Hearing", they are looking for sanctions. Is this the first thing you've heard from them? 2011 makes no sense either. You need to check with the court and see what is going on.

Also, don't depend on Zillow for your home value. Get an appraisal. It will come in well below the Zillow amount.

As to responding, you'll have to pay court costs to respond to the lawsuit if that is what this is. Limited Civil in Riverside County Superior Court requires a fee of $355. If you are going to file BK, you probably best be getting to it.

[tra2555]

I got same summons for San Bernardino County

received summons march 02,2010.......Need to respond in 30 days ..Court appearance in August 2010...sued by Chase.
My BK attorrney said not to worry and don't even bother spending $300 + to respond.....I'll clarify this again when I met with him March 23 or 22 for our 2nd meeting.

[GWBcasualty]

I didn't answer...

Received summons from Chase in December.

They filed proof of service and that's it. We are about at 120 days and they are letting it sit.

Sometimes it's a scare tactic, by responding you tell them that you have something to lose... in my case when I see that they filed a motion requesting summary judgment, I will drive to the BK Court and file m y Ch. 7.

[2manybills]

I really don't have a 'set' timeline; it really just kind of depends on home values and where they appear to be headed.
Question: would you feel comfortable answering the complaint on your own without help?
Is the form sort of a 'cookie cutter' type form...as in, can't really goof it up?
Thanks...much appreciated. I'll PM you for sure.

The forms are very cookie cutter type of forms. It is easy to file an answer, but there is a "first appearance fee" in California to file a responsive pleading which runs around $300.

As far as one of the other comments about a summary judgment motion, that's what most of the banks are doing. It is an easy way for them to get a judgment without going to trial. They have to give 75 days notice in California for a summary judgment motion so that buys some time if you are looking to stall filing.

[AllMyFault]

Sorry to come up missing......I've been tending to my dad in Oregon who is very ill.

Well, I need to 'get my ducks in a row' fast my response is due soon.
Question: The $355 (or so) court cost to answer the summons......is this a fee that I will need to pay to file each answer to each summons I may get? That can add up fast!
I'm thinking that I will wait another 4 months to file; I really need to home values to drop just a wee bit more.... I really need to buy a little more time but $355 x 13 creditors = OUCH!