Served AFTER filing and BEFORE 341...What to do?

[tobee43]

actually not worried at all...at the point of being amused by the whole process.

plus - until i gain employment - even if by some freaky reason the civil case (illegally) proceeded - it's pretty tough to garnish NOTHING....hahaha

just making sure i dot my i's and cross my t's.

g...ur dotting and crossing just perfectly.....and i know it's just a passing moment...we all have them. and a summons is fairly intimidating...even for the most seasoned of us....

[tcreegan]

Hi gman,

Don't ignore the local/civil court, that has a habit of coming back to haunt you...

File an 'answer' and attach your BK notice w/ case # and file date. The unhelpful court clerk should know what an answer is and provide the form.

Tom in Colo

[tobee43]

Hi gman,

Don't ignore the local/civil court, that has a habit of coming back to haunt you...

File an 'answer' and attach your BK notice w/ case # and file date. The unhelpful court clerk should know what an answer is and provide the form.

Tom in Colo

yes, tom...i would do exactly that....but if g want's choices ....and the civil suit part slips by, he'll have to go in and file the motion to vacate. me...personally, i would answer the summons...also...he did contact the serving creditor atty with a certified letter with docket number, thereby putting the creditor on written verified notice of the pending bk...that letter would hold up in any court..so actually i do not think he has much to worry about since his 341 is just down the road.

[gman]

I would agree with you Gman, I don't think you need to file an answer providing the suggestion of bankruptcy is filed on time. Here is a link to a form you can use, or, you can type it up the same as a legal pleading, just be sure to include ALL the required information. (Case number, chapter, date, etc.)

http://ablelegalforms.com/free/suggestbk.pdf

Since I have already contacted the creditor's lawyer via certified mail - I am leaning toward filing this one page simple form (Suggestion of Bankruptcy) with the local civil court (only a few minute drive from where I live).

I am leaning toward NOT filing a formal response to the summons itself (too much time involved....do not think it will matter.)

[SunshineGal]

I don't even think you need to file it in person, mail a copy to the plaintiff's attorney and the courthouse and you are covered. I would file it though because it's always better to be safe than sorry.

[tobee43]

I don't even think you need to file it in person, mail a copy to the plaintiff's attorney and the courthouse and you are covered. I would file it though because it's always better to be safe than sorry.

always better to be safe than sorry...but really nothing here to worry about.

[SunshineGal]

always better to be safe than sorry...but really nothing here to worry about.

Tobee, I think we are on different pages. At this point, the OP has nothing to worry about with the judgment creditor. However, if that judgment falls through the cracks than it's a major headache to deal with later. Just my two cents, but why take the chance when you can clear it up in a matter of minutes and the only cost is two first class stamps? It's a matter of your post bk paperwork being in order so the OP doesn't run into problems later....such as when he goes to buy or refinance a house.

[gman]

Have an additional - technical/process - question:


After sleeping on it I am going to file BOTH the Suggestion of Bankruptcy and also file an answer to the complaint.

Specific to the complaint - the debt is a HELOC and a lawyer (junk debt buyer) seems to be claiming he is suing "on the behalf of Chase..." Funny, because the same debt was with another junk debt buyer a few months ago as that firm was trying to contact me trying to collect.

The summons shows Chase as the plaintiff and this lawyer as the lawyer (not the plaintiff.)

Seeing many here feel I should answer the summons - and knowing that foreclosure-gate is at full tilt with the chain of custody being a huge problem for creditors - I am considering filing an AFFIRMATIVE DEFENSE that there is a Lack of Standing Because No Debtor/Creditor Relationship.

I would be doing this solely to protect myself in the unlikely event that the BK case is dismissed.

Questions:

1. Do I go ahead and file a Request for Production at this time (asking the plaintiff to supply a list of documents that would substantiate they indeed have a legal claim)?

2. How do I include my Suggestion of Bankruptcy within the Answer - OR - do I simply file the Suggestion of Bankruptcy on its own and leave it out of the Answer?

[tobee43]

Tobee, I think we are on different pages. At this point, the OP has nothing to worry about with the judgment creditor. However, if that judgment falls through the cracks than it's a major headache to deal with later. Just my two cents, but why take the chance when you can clear it up in a matter of minutes and the only cost is two first class stamps? It's a matter of your post bk paperwork being in order so the OP doesn't run into problems later....such as when he goes to buy or refinance a house.

not really...it's a motion to vacate...and then the order is usually granted almost immediately...so really not that much to worry about. any and all unsecured judgments are removable after discharge...

personally, i would answer it...and stall it since the 341 is this close...however, it still will take the creditor longer to get a judgment at this point that the stay which will be imposed in a couple of weeks after g goes to his 341.

i'd say you'd put in at least a dime...

[Freddy03]

Have an additional - technical/process - question:


After sleeping on it I am going to file BOTH the Suggestion of Bankruptcy and also file an answer to the complaint.

Specific to the complaint - the debt is a HELOC and a lawyer (junk debt buyer) seems to be claiming he is suing "on the behalf of Chase..." Funny, because the same debt was with another junk debt buyer a few months ago as that firm was trying to contact me trying to collect.

The summons shows Chase as the plaintiff and this lawyer as the lawyer (not the plaintiff.)

Seeing many here feel I should answer the summons - and knowing that foreclosure-gate is at full tilt with the chain of custody being a huge problem for creditors - I am considering filing an AFFIRMATIVE DEFENSE that there is a Lack of Standing Because No Debtor/Creditor Relationship.

I would be doing this solely to protect myself in the unlikely event that the BK case is dismissed.

Questions:

1. Do I go ahead and file a Request for Production at this time (asking the plaintiff to supply a list of documents that would substantiate they indeed have a legal claim)?

2. How do I include my Suggestion of Bankruptcy within the Answer - OR - do I simply file the Suggestion of Bankruptcy on its own and leave it out of the Answer?

Yes include some affirmative defenses. I'll PM you with a few.
Also include a Request for documents. Ask for everything your court procedures allow. In FL you have a limit on how much you can ask for.
I would just put the suggestion of BK in with your answers on a separate paper.
I was able to fax everything to my court house. You may want to check if you can do that. Save the hassle of driving down.

Are you being sued for Account Stated or Breach of Contract?

[tobee43]

Have an additional - technical/process - question:


After sleeping on it I am going to file BOTH the Suggestion of Bankruptcy and also file an answer to the complaint.

Specific to the complaint - the debt is a HELOC and a lawyer (junk debt buyer) seems to be claiming he is suing "on the behalf of Chase..." Funny, because the same debt was with another junk debt buyer a few months ago as that firm was trying to contact me trying to collect.

The summons shows Chase as the plaintiff and this lawyer as the lawyer (not the plaintiff.)

Seeing many here feel I should answer the summons - and knowing that foreclosure-gate is at full tilt with the chain of custody being a huge problem for creditors - I am considering filing an AFFIRMATIVE DEFENSE that there is a Lack of Standing Because No Debtor/Creditor Relationship.

I would be doing this solely to protect myself in the unlikely event that the BK case is dismissed.

Questions:

1. Do I go ahead and file a Request for Production at this time (asking the plaintiff to supply a list of documents that would substantiate they indeed have a legal claim)?

2. How do I include my Suggestion of Bankruptcy within the Answer - OR - do I simply file the Suggestion of Bankruptcy on its own and leave it out of the Answer?

i do think you should answer..really g..i would do it myself...besides having sent the certified letter.

it's just the way i would handled...but as i state in my prior post...you have a choice to answer or not...it's "ok" either way...but personally...if it were me..and i was pro se, i would answer it. so i'm glad you slept on it and decided to.

[tobee43]

Have an additional - technical/process - question:


After sleeping on it I am going to file BOTH the Suggestion of Bankruptcy and also file an answer to the complaint.

Specific to the complaint - the debt is a HELOC and a lawyer (junk debt buyer) seems to be claiming he is suing "on the behalf of Chase..." Funny, because the same debt was with another junk debt buyer a few months ago as that firm was trying to contact me trying to collect.

The summons shows Chase as the plaintiff and this lawyer as the lawyer (not the plaintiff.)

Seeing many here feel I should answer the summons - and knowing that foreclosure-gate is at full tilt with the chain of custody being a huge problem for creditors - I am considering filing an AFFIRMATIVE DEFENSE that there is a Lack of Standing Because No Debtor/Creditor Relationship.

I would be doing this solely to protect myself in the unlikely event that the BK case is dismissed.

Questions:

1. Do I go ahead and file a Request for Production at this time (asking the plaintiff to supply a list of documents that would substantiate they indeed have a legal claim)?

2. How do I include my Suggestion of Bankruptcy within the Answer - OR - do I simply file the Suggestion of Bankruptcy on its own and leave it out of the Answer?

...in reference to the chase matter g.....i had missed it was your 2nd...are you surrendering the house?????

[tobee43]

Tobee, I think we are on different pages. At this point, the OP has nothing to worry about with the judgment creditor. However, if that judgment falls through the cracks than it's a major headache to deal with later. Just my two cents, but why take the chance when you can clear it up in a matter of minutes and the only cost is two first class stamps? It's a matter of your post bk paperwork being in order so the OP doesn't run into problems later....such as when he goes to buy or refinance a house.

when i had replied i was aware it was a 2nd...and i don't know if g is surrendering or not....if he is...still not so much to worry about..but if he's retaining his premises it could be a slight problem, but only if the property has enough equity to make a difference and force a sale...of course the first would have to be pd in full first...

[gman]

Yes include some affirmative defenses. I'll PM you with a few.

Thanks! That would be awesome.

Also include a Request for documents. Ask for everything your court procedures allow. In FL you have a limit on how much you can ask for.

Wonder where I can find the list (here in Georgia.)???

I would just put the suggestion of BK in with your answers on a separate paper.

I am filing a Suggestion of Bankruptcy on its own. Are you saying I should include a COPY of this with my ANSWER (when you say do it on a separate paper)?[/QUOTE]

Are you being sued for Account Stated or Breach of Contract?

Being sued for "COMPLAINT ON NOTE". (Did not see the words Account Stated or Breach of Contact anywhere in the SUMMONS.)

[SunshineGal]

not really...it's a motion to vacate...and then the order is usually granted almost immediately...so really not that much to worry about. any and all unsecured judgments are removable after discharge...

Yes, but motions to vacate cost extra money to file. In the event they are not vacated, it becomes a major pain when you are trying to get a mortgage. Purchase contracts and rate locks have time limits, and if you have to spend extra time vacating a judgment it could get quite expensive. Trust me, I have seen plenty of loans go south because something like this fell through the cracks.