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BB&T sues me after 10 months.....gonna get filed!

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    BB&T sues me after 10 months.....gonna get filed!

    Haven't used or payed any of my 11 credit cards since last December, and finally got a Civil Summons Monday. BB&T suing me over a $6000 cc.
    I paid the full amount for a Chapter 7 way back in February, and have just been putting off getting the ball rolling till I got a notice from someone. I have an appointment next Tuesday to sit down with the paralegal to go over my documentation.
    I was told back in February to direct calls to the attorney, but I have not answered any phone calls from creditors over the same time period. I have caller ID and let the answering machine pick up. Lots of letters from debt collectors.....settlement offers. Hope to be filled in the next few weeks.
    North Carolina

    #2
    cool dub....just one thing...let the people issuing the summons know your atty's info...only because if they go through...which really i doubt they will have enough time, however, one never knows, if they actually do get a judgment you'll have to go in after discharge and do an order to vacate the judgment.

    many atty's include that with their fees...but MOST do not...i know in nj it cost like $600 per from one atty to have the judgment vacated. so you may just want to notify or answer the summons to stall....

    what i would do is just call the issuing atty's office and give them the name and number of your atty and let them know you'll be having a docket number within the next 2 weeks...blah blah..

    best of luck!
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #3
      Thanks '43!
      North Carolina

      Comment


        #4
        Hi Dub,

        This is exactly what forced my hand into filing a "face petition" before I was fully prepared. From the date you sign the summons (for me, I received a post card in the mail and atty's office advised me to call in to Sheriff's office for them to "serve" me....I had to sign Sheriff's service and from the date I signed I had 25 days to answer in court)

        So the date that you accepted the summons count from that day 25 days (atty told me that they have to give you an additional 10 days, which they don't tell you about).....

        After this time has elapsed is when they can Petition the court for a Judgement. They really don't "like" to go this route, (expensive) and usually contact you (they did me) to offer you a "deal".

        But the "deal" is many times at least 1/2 down and pay balance on agreed upon schedule.

        I chose to just file bk rather than pay an extra ($500-$700) just to handle the judgement separately, especially since I had already decided the way for me to go was to discharge my cc debt.

        Chris
        Filed 13: 7-19-10 Cvt 7: 8-10-10 Amdts: 9-3-10 341 10-6-10
        Trustee NoAsset: 10-7-10 Last object: 12-5-10

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