top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Dang, I'm being sued

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
    #1

    Dang, I'm being sued

    I've been flirting with bankruptcy for a few months now, one of the wild cards was whether my so called friend from a business that failed in January would go through with her threat to sue me.

    Well, she did. Got the papers today. So is there any point to just showing up in court and defending myself? If she wins I can simply declare BK and avoid paying her right? But what if I win will that help or hurt my position? I assume if I win then I couldn't list her as a debtor if I went ahead and filed BK.

    I'll probably just file BK before this case even goes to court, but it would be fun to actually beat her in court. I think I have a pretty good shot, it's basically her word against mine, she's got zero evidence to support her claim.
    Tags: None
    #2
    Why would you list her as a debtor if you won. She can't sue you for it again. If you don't have anything to argue and really don't have a case then don't waste the courts time by having the 'trial'. If she does get the judgment then you have to file a different paper to get the judgment against you discharged as well. Costs extra money.. I would say 200 bucks or so I don't know the exact charge.

    Comment

      #3
      To be on the safe side, list everybody you've ever owed. Doesn't matter how you come out in court.
      One big consideration. If you lose, you'll have a judgment entered againstbyou and while the bk will take care of the underlying debt, the judgment will still show on your public record unless you can get it vacated post bk.
      BK is a pure business decision in my book. Don't let feelings or emotions enter into the thought process.

      Comment

        #4
        If you decide to file BK before you are summons to Court over the lawsuit, the you need your attorney to file papers notifying the Court of Intention to File Bankruptcy so that the case is dismissed and you have no judgement against you.....
        Failure to do anything, will result in judgement against you which is hard to remove (cost extra) and also puts them in a position to attach liens and garnish wages later.
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment

          #5
          Originally posted by Minnymouth
          If you decide to file BK before you are summons to Court over the lawsuit, the you need your attorney to file papers notifying the Court of Intention to File Bankruptcy so that the case is dismissed and you have no judgement against you.....
          Failure to do anything, will result in judgement against you which is hard to remove (cost extra) and also puts them in a position to attach liens and garnish wages later.
          So if she wins, or I do nothing and lose by default, they can still garnish wages and attach liens even if I file BK afterwards? Or you're just saying it's a lot harder to get it discharged?

          Either way I guess I should just file BK before the court date.

          Comment

            #6
            No they can't file liens if you file bankruptcy later, as long as you add it in your bankruptcy (costs extra to get a judgment cleared) but as they have said it still shows on your public record. After that they can't garnish your wages or try to attach a lien to any assets.

            Comment

              #7
              Well, terrific. The soonest I can get in to see the lawyer is 3/27. The court date is 4/3. That's just a hearing, I assume it's purpose is to decide whether I'm defending myself or not and the actual trial, or whatever, would take place at a later date? Anyway, seems to be cutting it close to me.

              In the meantime, does anybody know what kind of papers I need to file to stop the lawsuit now? Is it possible to file those papers on my own or do I have to use a lawyer? I'd rather not, I simply don't have the money for it.

              The papers I got weren't really a summons, it was just letting me know I was being sued. I can either show up and defend against it, or ignore it and have a judgement against me automatically. I'll call the courthouse and tell them I'm going to file BK, but I don't think I should rely on a telephone conversation.

              Comment

                #8
                Originally posted by KevinR
                Well, terrific. The soonest I can get in to see the lawyer is 3/27. The court date is 4/3. That's just a hearing, I assume it's purpose is to decide whether I'm defending myself or not and the actual trial, or whatever, would take place at a later date? Anyway, seems to be cutting it close to me.

                In the meantime, does anybody know what kind of papers I need to file to stop the lawsuit now? Is it possible to file those papers on my own or do I have to use a lawyer? I'd rather not, I simply don't have the money for it.

                The papers I got weren't really a summons, it was just letting me know I was being sued. I can either show up and defend against it, or ignore it and have a judgement against me automatically. I'll call the courthouse and tell them I'm going to file BK, but I don't think I should rely on a telephone conversation.
                Take all them letters with you to the attorney on 3/27. He will probably have to file an emergency bk. You may get a jump on things and go to one of the approved credit counseling agencies for your state on the web to get that dang certificate to speed things up for you. You won't be able to file without it, and it looks like you want to file before the lawsuit.

                Calling the courthouse will not do you any good. They are not interested in gonna-do's..what what has already been done.
                Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
                Plan Confirmation 6/16/06 :yahoo:
                Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

                Comment

                  #9
                  You could try having an attny file a "Motion to Dismiss" to stop the hearing before that date. That will cost bucks, and a Judge will have to approve of the Motion.

                  If you don't appear at the Hearing, the Judge will most likely enter a Summary Judgement against you, award the Plaintiff what ever she's asking for. Appearing at the Hearing is gonna be very important if for nothing more than buying time.

                  There are some things worse on your Credit than a Foreclosure and/or a BK. An IRS lien is one. And a Judgement is another. No Creditor will even consider lending you money if you have either in your credit history.
                  Filed Ch 7 - 09/06
                  Discharged - 12/2006
                  Officially Declared No Asset - 03/2007
                  Closed - 04/2007

                  I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                  Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                  Comment

                    #10
                    Originally posted by SinkingFast
                    There are some things worse on your Credit than a Foreclosure and/or a BK. An IRS lien is one. And a Judgement is another. No Creditor will even consider lending you money if you have either in your credit history.
                    Hmm, I didn't know that.

                    I had planned on getting the credit counseling thing out of the way before I meet with the lawyer. I think I'll call the courthouse, tell them I plan to defend myself in the case, but that I'm going to be out of town and need an extension. Drag it out as long as possible.

                    Thanks for the advice guys.

                    Comment

                      #11
                      Ok, stupid question time. How do you find out where to go for the pre-BK credit counseling thing? I'm in PA. Google is failing me.

                      Comment

                        #12
                        Go to your bk courts website and see if they have some links to approved counselors.

                        Comment

                          #13
                          Here's a link for you:

                          http://www.usdoj.gov/ust/

                          Approved Credit Counseling Agencies are listed there.
                          Filed Ch 7 - 09/06
                          Discharged - 12/2006
                          Officially Declared No Asset - 03/2007
                          Closed - 04/2007

                          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                          Comment

                            #14
                            Originally posted by KevinR
                            Hmm, I didn't know that.

                            I had planned on getting the credit counseling thing out of the way before I meet with the lawyer. I think I'll call the courthouse, tell them I plan to defend myself in the case, but that I'm going to be out of town and need an extension. Drag it out as long as possible.

                            Thanks for the advice guys.
                            I didn't either. I was researching OIC for our tax situation and hit on some websites that talked about IRS liens and Judgements in relation to rebuilding credit post BK.

                            If you have either one, especially an IRS lien, creditors won't lend to you. Judgements can cost some bucks to get removed, but that's relatively easy compared to an IRS lien.

                            Once you have an IRS lien show up, even long after you've paid off your taxes, the lien can hang on, and on, and on. And IRS liens are difficult even for attnys to get removed.
                            Filed Ch 7 - 09/06
                            Discharged - 12/2006
                            Officially Declared No Asset - 03/2007
                            Closed - 04/2007

                            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                            Comment

                              #15
                              i am in ct but in pa i am sure this site is ok. www.cccsinc.org. Its $50 for counseling and another $50 for money management that you will also have to do to get discharged

                              Comment

                              Previous template Next

                              bottom Ad Widget

                              Collapse
                              Working...
                              X