summons to serve!! is it too late to file on them???

[Overmihead]

seekininfo, hope this all goes well (and quickly) for you! We have a certified letter to be re-delivered tomorrow. I'm guessing it is a summons. We retained our attorney a few weeks ago and have our signing meeting this coming week, then will be ready to have him file within 1-2 weeks after that. We are trying to time that out on the best day for us, based on when paycheck is deposited in our account,etc....so I hope we will be able to set a specific day with the attorney that he will stick to as far as filing! We'll just take him whatever this certified letter is, and hopefully it won't cost any extra for him to deal with it.
We found that after we turned in all of our paperwork and didn't hear back for 2 weeks, a nudging phonecall from us helped. We called to see what the status was and if they needed anything else from us, and then the next day they called us back saying they had everything they needed and they set up our signing appointment. So, if you still haven't heard from them, don't be afraid to call and inquire. You have paid their fee...and they did say your case would be rushed. Good luck!

[nceguyfromne]

thanks I have an attorney and she is pd in full. Its been 2 weeks and she still hasnt filed it. Secretary said they are busy. I understand that but they said since I have a summons it will be rushed. Thats why we pd the day we talked to her. I dont see them rushing..

That is understandably frustrating. You want full closure and assurance so you don't have to lose any more sleep. Your attorney, on the other hand, doesn't have an emotional stake in this matter and knows that it makes no difference whether she files now or a few days from now because the game was over for AMEX the moment you retained her (whether or not AMEX knows that yet).

It's going to be okay. You're well on your way to being in the clear.

[seekininfo]

thanks I have an attorney and she is pd in full. Its been 2 weeks and she still hasnt filed it. Secretary said they are busy. I understand that but they said since I have a summons it will be rushed. Thats why we pd the day we talked to her. I dont see them rushing..

Your friends here are giving you good advice. Do not worry. The *day* you file your BK, it will stop the AMEX case dead in its tracks. And, even if AMEX gets its judgment before you file BK, your BK will discharge the judgment all the same. As long as you are being proactive, it is highly doubtful they'll have time to both a) win their case and b) actually get money from you (which is a whole separate and time-consuming matter for them). These things take months.

If I were you, I would wait the maximum time to file your response to the court regarding AMEX's suit against you. This buys you some extra time to shop for a lawyer and file for BK. While you're waiting on that date and lawyer shopping, start getting your documents together for your BK. That is, 6 months worth of pay stubs and copies of all your bills. Your attorney will pull a credit report so if you miss any bills, not a big deal. Once you hire and pay your attorney he/she can likely get your case filed within the week.

Best wishes.

[nceguyfromne]

ughhh, I have been sick and just havent gotten around to filing.

8 days ago I got summoned(amex) and have no idea what to do!!!

certified mail FROM THE MUNICIPAL COURT

says I have to serve a copy of an answer to the complaint within 28 days.

answer must be filed with the court within 3 days after the service of a copy of the answer on the plaintiffs att.

if you fail to appear and defend, judgement by default will be rendered.

is it too late to get an attorney and file??

Your friends here are giving you good advice. Do not worry. The *day* you file your BK, it will stop the AMEX case dead in its tracks. And, even if AMEX gets its judgment before you file BK, your BK will discharge the judgment all the same. As long as you are being proactive, it is highly doubtful they'll have time to both a) win their case and b) actually get money from you (which is a whole separate and time-consuming matter for them). These things take months.

If I were you, I would wait the maximum time to file your response to the court regarding AMEX's suit against you. This buys you some extra time to shop for a lawyer and file for BK. While you're waiting on that date and lawyer shopping, start getting your documents together for your BK. That is, 6 months worth of pay stubs and copies of all your bills. Your attorney will pull a credit report so if you miss any bills, not a big deal. Once you hire and pay your attorney he/she can likely get your case filed within the week.

Best wishes.

[seekininfo]

thanks! I'm trying!
we have 2 going to prom this weekend, and one graduating next. LOTS of awards ceremonies and banquets. Something daily. Yet I still find time to worry!

[music12]

try to move this issue to the back of your mind rather than on top. worry about it only if you get sued again, but until then, go about your life and make sure you are very busy doing something else, anything.

[seekininfo]

I am so nervous! wish there was a way to to move it along! Attorney has had 2 weeks and still hasnt filed

[seekininfo]

went to court yesterday. Sat in front of the judge and amex attorney was only there by phone! How is that fair?

he told her I answered the summons, she said, she did? he said yes, its filed. (she didnt know because their letter went to a vacant address and was returned to me)

he read the answer and DID chuckle
said, you are wanting more time? I said yes, He asked her if that was OK. She said yes.
So we are set for pretrial (again?)
form says- Def has until July 15th to file an answer. Set July 20th for pretrial.

I was SO nervous! but it took all of 5 minutes and stopped the judgement

I am none too thrilled with my attorney now though. When we pd she said this will need to be a rushed case because of the judgment. So we pd in full that day.
I got them all the paperwork, a week later they hadnt even started the paperwork! So I had to go to court. I'm afraid if they delay, I will get more summons because its almost a year out on some cards.
I realize it takes a while but she should have said upfront. now that they have this additional time, hard telling when they will get it filed

[seekininfo]

reposting this to see if anyone knows about transferring cars, and if I should be concerned about the vacant lot thing

----I sent my answer to the address on the summons, amex attorney, plus the court, guess what? The one to the amex attorney was returned! says vacant lot no forwarding address! WEIRD!!

the court got theirs and I have pretrial date for May 18th.

saw the attorney today, she was GREAT!! so glad!

we have her pd., and we're working on the paperwork this weekend. So should be able to file soon

one thing I was confused about is that she said we could title one of the vehicles to me since all are in hubbys name. To give us the total exemptions. She said its ok since its from spouse to spouse?

[seekininfo]

found one, but thanks

You may have already found an attorney, but I found avvo.com to be very helpful.

[NewPage]

We leave in a small area(brown county ohio) and having a hard time finding an attorney that deals with just bankruptcy.

Is there a site where people list their experiences or have recommendations?

You may have already found an attorney, but I found avvo.com to be very helpful.

[seekininfo]

any ideas on the cars?

[seekininfo]

I sent my answer to the address on the summons, amex attorney, plus the court, guess what? The one to the amex attorney was returned! says vacant lot no forwarding address! WEIRD!!

the court got theirs and I have pretrial date for May 18th.

saw the attorney today, she was GREAT!! so glad!

we have her pd., and we're working on the paperwork this weekend. So should be able to file soon

one thing I was confused about is that she said we could title one of the vehicles to me since all are in hubbys name. To give us the total exemptions. She said its ok since its from spouse to spouse?

[music12]

i don't think you'll get further info about the pre trial unless you call and ask.

good luck with the lawyer!

[seekininfo]

thanks, after I posted, I realized it did keep it from being a default judgement. Which is good
I havent received anything about the pretrial yet. Will I get a letter about it?

appointment at 3, will post what she says

Thanks so much for the help!

it did help: you got a pre-trial hearing instead of a default judgment. pre-trial hearings are usually times for the parties to exchange information (i.e. get them to give you the information that's missing) and for setting a date for the trial. there cannot be a judgment on a pre-trial date unless you don't show up or send something in asking for a different date or something. pre-trial dates are also usually not set in stone and you can call the court clerk to see first, what exactly is expected of you at that time, and second, whether you can change the date.

so you will have plenty of time to file before your bk, and your attorney today can give you more hints about delaying the suit. in any event, relax, you did very very well with your letter!